HomeMy Public PortalAbout22-9982 Emergency Fee Proposal of M.C. Harry and AssocSponsored by: City Manager
RESOLUTION NO. 22-9982
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ACCEPT THE EMERGENCY FEE PROPOSAL
OF M.C. HARRY AND ASSOCIATES, INC. FOR
REHABILITATION OF HISTORIC CITY HALL AND ENTER
INTO THE AGREEMENT, ATTACHED HERETO AS EXHIBIT
"A", IN AN AMOUNT OF ONE HUNDRED TWENTY THREE
THOUSAND, SEVEN HUNDRED AND FIFTY DOLLARS,
($123,750.00); PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 27, 2021, pursuant to Resolution #21-9836, the City
Commission of the City of Opa-Locka ("City Commission") voted to accept the City
Manager's recommendation to complete the Historic City Hall Rehabilitation Project on
an emergency basis and bypass the procurement code; and
WHEREAS, the City Commission further accepted the fee proposal of M.C. Harry
and Associates, Inc. ("Contractor"), the prime Architect and Engineer of record for the
Historic City Hall Rehabilitation Project to conduct a condition assessment and
authorized the City Manager to enter into an agreement on same; and
WHEREAS, the Contractor completed Phase 1 Consulting Services by
providing to the City of Opa-Locka ("City") the Assessment Report of the conditions
of the Historic Opa-Locka City Hall and is now prepared to produce new
construction documents in order for the City to put the project out for bid and
complete construction; and
WHEREAS, the City Manager currently recommends that the Contractor provide
architectural and engineering drawings/services which will assess: 1) what was
completed in the original construction project; 2) what needs to be replaced due to
deterioration and 3) what was not completed in the project first phase. The Contractor
would also generate a report on how to proceed with the new construction and provide
the documentation to put out to bid to complete the project as originally intended by the
City; and
WHEREAS, the Contractor would be responsible for creating and providing
architectural drawings for the rehabilitation of Historic City Hall, documenting the
completed existing scope from the original project, documenting the scope that needs to
Resolution No. 22-9982
be replaced (including broken windows, roofing, mechanical, electrical and structural
items), documenting the scope that is needed to complete the project to meet the City's
requests, including updating the landscape and courtyard areas, permitting, bidding and
negotiations as well as construction administration; and
WHEREAS, the City Commission desires to accept the fee proposal of M.C. Harry
and Associates, Inc., attached hereto as Exhibit "A", to; and
WHEREAS, the City Commission finds that it is in the best interest of the City and
its residents to enter into an agreement with M.C. Harry and Associates, Inc., as attached
in Exhibit "B", to provide architectural and engineering services, as described herein, in
order to complete the rehabilitation of the Historic Opa-Locka City Hall, in an amount
not to exceed One Hundred Thirty -Six Thousand, One Hundred Twenty -Five Dollars
($136,125.00) with a contingency amount not to exceed ten (10) percent.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby authorizes the City Manager to
accept the fee proposal form M.C. Harry and Associates, Inc., to provide architectural
and engineering services, as described in the proposal of April 27, 2022 ("Exhibit A"), in
order to complete the rehabilitation of the Historic Opa-Locka City Hall and enter into an
agreement for same, as attached in Exhibit "B", in an amount not to exceed One Hundred
Twenty Three Thousand Seven Hundred and Fifty Dollars with a ten (10) percent
contingency fee not to exceed Thirty -Six Thousand, One Hundred Twenty -Five
Dollars ($136,125.00).
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, after review by the City Attorney, and without need of public hearing, by filing
a corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall be effective immediately upon adoption hereof and approval by the
Governor of the State of Florida or Governor's designee.
2
Resolution No. 22-9982
PASSED AND ADOPTED this 25th day of May, 2022.
V-' onica Willia s, Mayor
ATTEST:
Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
B ette Ne. ris-Weeks, P.A.
City Attorne
Moved by: Vice Mayor Taylor
Seconded by: Commissioner Davis
VOTE:
5-0
Commissioner Dominguez YES
Commissioner Bass YES
Commissioner Davis YES
Commissioner Taylor YES
Mayor Williams YES
3
City of Opa-locka
Agenda Cover Memo
Department
Manager:
Adelina Gross
Department
Manager
Signature:
City
Manager:
Darvin Williams
CM Signature:
"
Commission
Meeting
Date:
05/25/2022
Item Type:
(EnterXin box)
Resolution
Ordinance
Other
R
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading:
(EnterXin box)
1st Reading
2.4 Reading
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
Funding
Source:
Account#:
(Enter Fund & Dept,)
Ex:
Advertising Requirement:
(EnterXin box)
Yes
No
X
Contract/P.O.
Required:
(EnterXin box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(Enter X in box)
YQs
No
Strategic Plan Priority Area:
Enhance Organizational 0
Bus. & Economic Dev 0
Public Safety O
Quality of Education 0
Qual. of Life & City Image iMi
Communication O
Strategic Plan Obj./Strategy:
(list the specific obJective/strategy this
item will address)
X
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
PROJECT No. 2022-01-014
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE
REHABILITATION OF THE HISTORIC OPA-LOCKA CITY HALL
Staff Summary:
Staff recommends the City Commission authorize the City Manager to enter into an agreement with MC Harry
and Associates, Inc. to provide professional architectural and engineering services to continue the
rehabilitation of the Historic City Hall, The services provided by MC Harry and Associates, Inc. will include the
following:
- Create and provide architectural drawings for the rehabilitation of Historic City Hall
• Documenting the completed existing scope from original project
Documenting the scope that needs to be replaced (including broken windows, roofing, mechanical,
electrical and structural items)
Documenting the scope that is needed to complete the project to meet the City's requests, including
updating the landscape and courtyard areas
Permitting
Bidding & Negotiations
- Construction Administration.
This proposal is to provide architectural and engineering drawings/services which will assess what
was completed in the original construction project, what needs to be replaced due to deterioration and what
was not completed in the project first phase. A report on how to proceed with the new construction and
provide the documentation to put out to bid to complete the project as originally intended by the City. It is
anticipated this phase should take two to three months once approved.
Financial Impact
Account
Description
Available
Project
Remaining
Balance
44-541823
Rehabilitation of Historic
City Hall
$600,000
$136,125
$463,875
The proposal is for $123,750. It is also recommended that an additional ten percent (10%) contingency be
added to cover unforeseen additional requirements. Consequently, a total expenditure of $136,125 is
recommended.
Proposed Action:
Staff recommends the City Commission authorize the City Manager to sign an agreement with MC Harry and
Associates, Inc. for $123,750 for the next phase of preparing the necessary documentation in preparation for
the rehabilitation of the Historic City Hall and further authorize the establishment of a contingency of $12,375
to address unforeseen requirements which may arise.
Attachment:
1. Agenda
2. Proposal from MC Harry and Associates, Inc.
3. Contract Agreement between MC Harry and Associates, Inc. and the City
4. Resolution 21-9836
5. Agreement with Mc Harry and Associates for the new scope
April 27, 2022
Aira Austin
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-locka, FL 33054
Re:
Dear Aira
MCHarry Associates, Inc.
2780 SW Douglas Road, #302
Miami, Florida 33133
305-445-3765
Rehabilitation of Historic Opa-locka City Hall - Project Completion
Here is our fee proposal to provide architectural and engineering services to complete the
rehabilitation project of the Historic Opa-locka City Hall. Original project began several years ago
and was unfortunately halted in 2016 and been vacant ever since. MCHarry and its consultants
provided to the city an assessment report on November 2021 of the condition of the building and
what items have been completed from the original construction project, what items need to be
replaced and what items were never completed. This report will inform how to best proceed to
produce new construction documents for the city to put out to bid and complete the project as
originally intended by the city many years ago.
Our services presented below will include the following and based on our Assessment Report Dated
Nov. 2021.
- Documenting the completed existing scope from original project
- Documenting the scope that needs to be replaced (including broken windows, roofing,
mechanical, electrical and structural items)
- Documenting the scope that is needed to complete the project to meet the city's requests,
including updating the landscape and courtyard areas.
- Permitting - new set of documents (we are not responsible to close out open permits from past
project)
- Bidding & Negotiations
- Construction Administration
Our subconsultants will be:
Bliss & Nytray, Inc - Structural Engineering
SDM Consulting Engineers - Mech, Elec, Plumbing, Fire Protection
The fee does not include services for civil engineering services or 3D graphics, imagery or
renderings or presentations to county of city's historic boards. If those services are needed, MCHA
will submit an additional services request to provide them.
Al lowances:
We recommend that this contract include an allowance of $15,000 to be used at the discretion and
authorization of the city for supplemental services that may arise during the project.
We recommend that this contract provide for an initial allowance of $7,500 for the cost of direct
expenses required in connection with the Work, Said Reimbursable Expenses shall be billed at the
actual 'COST' incurred with receipts presented plus a markup of 10%. Expenses will include
permitting fees, printing for items submitted to the city or permitting agencies.
Rehabilitation Opa-locka Historic City Hall
Fee Proposal
April 27, 2022
Approx. Time Frame (in weeks)
Task
Architectural
Total hours & fee
672 Hrs
$65, 850 Fee
Structural Engineering
105 Hrs
$10,100 Fee
MEP Engineering
252 Hrs
$25,300 Fee
Sub -Total Hrs
1,029
Sub -Total Fee $$ $ 101,250
/6 9 9 36
Contract Docs
Permitting
Bidding
Construction
Admin
336
79
64
193
$32,850
$6,700
$6,550
$19,750
51
10
10
34
$5,100
$950
$1,050
$3,000
122
24
20
86
$12,650
$2,450
$2,600
$7,600
509
113
94
313
$ 50,600
$ 10,300
$ 10,000
$ 30,350
Total Basic Service Fee =
$ 101,250
Supplementary Services
Reimbursable Expenses
$ 15,000
$ 7,500
Grand Total LUMP SUM Fee $ 123,750
Submitted by:
_ Accepted by:
Lourdes Solera, FAIR, Principals Aira Austin, City of Opa-locka
Rehabilitation Opa-locka Historic City Hall
Fee Proposal
April 27, 2022
Sponsored by: City Manager
RESOLUTION NO. 21-9836
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, RESCINDING RESOLUTION 20-
9809; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
EMERGENCY FEE PROPOSAL OF M.C. HARRY AND
ASSOCIATES, INC. TO CONDUCT A CONDITION
ASSESSMENT OF HISTORIC CITY HALL AND ENTER INTO
AN AGREEMENT FOR SAME, IN AN AMOUNT NOT TO
EXCEED FORTY-THREE THOUSAND, THREE HUNDRED
FIFTY DOLLARS ($43,350.00); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka Community Redevelopment Agency
("OCRA") and the City Commission of the City of Opa-Locka ("City Commisssion") have
determined that Historic City Hall ("Facility") is an important example of Moorish
architecture as evidenced by its inclusion on the Historic Registry; and
WHEREAS, such architecture was sought to be preserved, protected and restored
through a Historic City Hall Rehabilitation Project (Project"); and
WHEREAS, during the Rehabilitation Phase II of the Project, the building was
reroofed and structural upgrades along with windows, mechanical and electrical work
were completed; and
WHEREAS, the facility has been unoccupied and abandoned since 2016, however,
the majority of the scope of work for Phase II was completed, the top of the tower was
never installed; and
WHEREAS, as a result, the facility was exposed to bad weather up until such time
as a temporary closure could be installed but damage resulted in the finished work of the
material already installed; and
WHEREAS, the City Commission desires accept the City Manager's
recommendation to complete the Historic City Hall Rehabilitation Project on an
emergency basis and bypass the procurement code; and
WHEREAS, Staff recommends that a condition assessment report be conducted to
determine how much of the work was completed, how much of the completed work can
remain and how much of the unfinished work needs to be completed; and
Resolution No. 21-9836
WHEREAS, the City Commission further desires to accept the fee proposal of
M.C. Harry and Associates, Inc., the prime Architect and Engineer of record for the
Historic City Hall Rehabilitation Project, attached hereto as Exhibit "A", to conduct the
condition assessment and rescind the previous Resolution 20-9809, which approves the
Project but does not note the emergency nature of the project and legislation; and
WHEREAS, the Architect and Engineer's recommendations will provide a more
accurate cost estimate to finish this project; and
WHEREAS, the City Commission finds that it is in the best interest of the City and
its residents to enter into an agreement with M.C. Harry and Associates, Inc., as attached
in Exhibit "B", to conduct a condition assessment of Historic City Hall, in an amount not
to exceed Forty -Three Thousand, Three Hundred Fifty Dollars ($43,350.00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby rescinds Resolution #20-9809 and
further authorizes the City Manager to accept the fee proposal of M.C. Harry and
Associates, Inc. to conduct an condition assessment of Historic City Hall and enter into
an agreement on an emergency basis for same, as attached in Exhibit "B", in an amount
not to exceed Forty -Three Thousand, Three Hundred Fifty Dollars ($43,350.00).
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall be effective immediately upon adoption hereof and approval by the
Governor of the State of Florida or Governor's designee.
PASSED and ADOPTED this 27th day of January, 2021.
Resolution No. 21-9836
Matthew A. Pigatt, Mayor
ATTEST:
nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norri '- eeks, A.
City Attorney
Moved by: COMMISSIONER BURKE
Seconded by: VICE MAYOR WILLIAMS
VOTE: 5-0
Commissioner Burke YES
Commissioner Davis YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
j
-,Gy���
City
Manager:
John E. Pate
CM Signature:
(
1±;/
Other
/l,J.
Commission
Meeting
Date:
01-27-2021
Item Type:
(EnterXin box)
Resolution
• din . nce
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading:
(EnterXin box)
18t Reading
2nd Reading
x
$43,350.00
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
X
Funding
Source:
Account#:
(Enter Fund & Dept)
Ex:
320-44-541823
Advertising Requirement:
(EnterXin box)
Yes
No
X
Contract/P.O.
Required:
(EnterXin box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(EnterXin box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
•
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
la
•
Image •
IN
Qnnnanr•
Name
(vih, Manager
ynr.n•Mm.n`.
City M2nnonr
Short Title:
Condition Assessment, Report, and Recommendation to Finish the Historic City Hall Rehabilitation
Project.
Staff Summary:
A Resolution of the City Commission of the City of Opa-locka, Florida, rescinding resolution 20-9809; and
authorising the City Manager to accept the emergency fee proposal to conduct a condition assessment by
MCHarry Associates, which is the prime Architect and Engineer on record for this project. During the
Rehabilitation Phase 11, the building was reroofed and structural upgrades along with windows, mechanical
and electrical work has been completed. The facility has been unoccupied and abandoned since 2016; and
although the majority of the scope for Phase II was completed, the top of the tower was never installed. The
facility was exposed to bad weather until a temporary closure could be installed, but damage occurred to the
finished work and the material already installed. This assessment report will determine how much of the work
was completed, how much of the completed work can remain or be replaced, and how much of the unfinished
work need to be completed. The Architect and Engineer's recommendation will provide a more accurate cost
estimate to finish this project.
Financial Impact (FY 20 Budget)
Account
Description
Available
Project
Remaining Balance
44-541823
Historic City Hall
$100,000
$43,350
$56,650
Project costs include $35,850 for MCHarry Associates, $7,150 mold and roof testing and $350 for other
reimbursable expense which may arise.
Proposed Action:
Staff recommends approval of this resolution.
Attachment:
1. Agenda
2. Proposal from MCHarry Associates
3. Contract Agreement between the City and MC Harry & Associates
4. Resolution 20-9809
CONTRACT AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
M.C. HARRY AND ASSOCIATES, INC.
FOR
CONDITION ASSESSMENT, REPORT & RECOMMENDATION
TO THE HISTORIC CITY HALL BUILDING
Page 1 of 17
AGREEMENT
THIS IS AN AGREEMENT dated the Day of 2021, between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY
and
M.C. HARRY AND ASSOCIATES, INC.
A licensed Company, authorized to do business in the State of Florida,
hereinafter "CONSULTANT".
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set
forth, CITY and CONSULTANT agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to generally
express the objectives, and intentions, of the respective parties herein, the following statements,
representations and explanations shall be accepted as predicates for the undertakings and commitments
included within the provisions which follow and may be relied upon by the parties as essential elements
of the mutual considerations upon which this Agreement is based.
1.1
On September 30, 2020, the CITY authorized the proper CITY officials to enter into an
agreement with CONSULTANT to render the services more particularly described herein
below.
Page 2 of 17
ARTICLE 2
SCOPE OF WORK
2.1 The CONSULTANT shall furnish all of the materials, equipment, tools, supplies, and labor
necessary to perform all of the work described in accordance with Fee Proposal dated September
11, 2020 and on an emergency basis. A copy of the Proposals are attached hereto and
specifically made a part of this Agreement as Composite "Exhibit A" and the City's
resolution approving this project (Attached hereto as Exhibit "B").
2.2 CONSULTANT hereby represents to CITY, with full knowledge that CITY is relying upon these
representations when entering into this Agreement with CONSULTANT, that CONSULTANT
has the professional expertise, experience and manpower to perform the services to be provided
by CONSULTANT pursuant to the terms of this Agreement.
2.3 CONSULTANT assumes professional and technical responsibility for performance of its
services to be provided hereunder in accordance with recognized professional standards for
specified services. If within One (1) year following completion of its services, such services fail
to meet the aforesaid standards, and the CITY promptly advises CONSULTANT,
CONSULTANT agrees to re -perform such deficient services without charge to the CITY.
ARTICLE 3
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
3.1 The CONSULTANT shall commence work to be performed under this Agreement upon full
execution of Contract. CONSULTANT shall complete all work in a timely manner
substantially within Ninety days (90) after full execution of this Agreement, and final
completion will be thirty days (30) after substantial completion date. Should there be any
delay in issuance of permit by the jurisdictional authorities completion time will be adjusted
accordingly.
3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for completion
approved by CITY in advance, in writing, will not constitute a delay by CONSULTANT.
Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute, riot or civil
commotion, act of public enemy or other cause beyond the control of CONSULTANT shall
extend this Agreement for a period equal to such delay and during this period such delay shall
not constitute a delay by CONSULTANT for which liquidated damages are due.
3.3 CONSULTANT'S failure to perform the work specified in Exhibit "A" shall result in
CONSULTANT being required to pay liquidated damages in the Amount of One Thousand
Dollars and Zero Cents ($1,000.00) per day for each day after the completion date set forth in
Section 3.1 above.
Page 3 of 17
ARTICLE 4
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONSULTANT for the faithful performance of this Agreement,
$43,350.00 for work to be completed in accordance with the "Proposal" submitted by
CONSULTANT. Itemized prices for work completed by the CONSULTANT shall be as
reflected in the proposal submitted, a copy of which is attached hereto and made a part hereof as
Exhibit "A", with no change in the price shown. A total contract price hereto is referred to as
Contract Sum and shall be Forty Three Thousand Three Hundred Fifty Dollars.
4.2 Notwithstanding any other provision of this contract, the CONSULTANT shall guarantee all
portions of the Project against poor workmanship and faulty materials for a period of one (1) year
after final completion certificate and retainage payment, and shall correct within fourteen
business days (14) any defects which may appear during this period upon notification by CITY.
This provision shall in no way affect the manufacturing warranty for repair or replacement.
4.3 The making and acceptance of the final payment shall constitute a waiver of all claims by
CONSULTANT except those previously made and still unsettled.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted by the CONSULTANT to the Owner in the
Standard American Institute of Architects' Forms (AIA) G701, G702, if applicable, and G703,
and upon Project Applications and Certificates for Payment issued by the Owner, the Owner
shall make progress payments on account of the Contract Sum to the CONSULTANT as
provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for Payment shall be one calendar month ending on
the last day of the month, or as follows:
5.2.1. The City is under a declared State of Financial Emergency pursuant to Section
218.503, Florida Statutes. As a result, the parties to this Agreement acknowledge
that all invoices presented for payment shall be reviewed and approved by the State
of Florida prior to payment and that the City is therefore unable to comply with the
Florida Local Govemment Prompt Payment Act.
5.2.2. Each Application for Payment shall be based upon the Schedule of Values submitted
by the CONSULTANT in accordance with the Contract Documents. The Schedule
of Values shall allocate the entire Contract Sum among the various portions of the
Work and be prepared in such form and supported by such data to substantiate its
accuracy as the Owner may require. This schedule, unless objected to by the Owner,
shall be used as a basis for reviewing the CONSULTANT'S Applications for
Payment.
Page 4of17
5.2.3. Applications for Payment shall indicate the percentage of completion of each portion
of the Work as of the end of the period covered by the Application for Payment.
5.2.4. Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.2.4.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the
Work by the share of the total Contract Sum allocated to that portion of the
Work in the Schedule of Values, less retainage of Ten percent (10%). Pending
final determination of cost to the Owner of changes in the Work, amounts not
in dispute may be included in applications for Payment. The amount of credit
to be allowed by the CONSULTANT to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be actual net cost as
confirmed by the Construction Manager. When both additions and credits
covering related Work or substitutions are involved in a change the allowance
for overhead and profit shall be figured on the basis of net increase, if any, with
respect to that change.
5.2.4.2 Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and material suitably stored at the site for subsequent
incorporation in the completed construction or, if approved in advance by the
Owner, material suitably stored off the site at a location agreed upon in writing,
less retainage of ten percent (10%).
5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and subtract
amounts, if any, for which the Construction Manager has withheld or nullified
a Certificate for Payment.
5.3 Each Application for Payment submitted by the CONSULTANT to the Owner shall include
Partial Release of lien from his company and each SUBCONSULTANT for labor,
equipment, services or materials described in the Application for Payment.
5.4 The progress payment amount determined in accordance with the above shall be further
modified under the following circumstances:
5.4.1 Add, upon Substantial Completion of the Work, a sum sufficient to
increase the total payments to Ninety percent (90%) of the Contract Sum,
less such amounts as the Construction Manager recommends and the
Owner determines for incomplete Work and unsettled claims; and
5.5 Reduction or limitation of retainage, if any, shall be as follows: None
Page 5 of 17
ARTICLE 6
FINAL PAYMENT
6.1 Final Payment, constituting the entire unpaid balance of the Contract Sum, shall be made by
the Owner to the CONSULTANT when:
(a) The Contract has been fully performed by the CONSULTANT upon the
CONSULTANT'S fulfilled responsibility to correct nonconforming Work and to
satisfy other requirements, if any, which necessarily survive final payment, and
(b) The CONSULTANT has furnished the City with Final Release of Lien from his own
company and from each SUBCONSULTANT for labor, equipment, services or
materials described in the Final Application for Payment, and
(c) A fmal Project Certificate for Payment has been issued by the City upon the
Architect/Engineer of records final completion Certificate, and
(d) The CONSULTANT has met all provisions of the reporting requirements of grants if
the project is funded by grant money; such fmal payment shall be made by the Owner
not more than 20 days after the issuance of the fmal Project Certificate for Payment.
ARTICLE 7
CONSULTANT'S LIABILITY INSURANCE
7.1 The CONSULTANT shall not commence work under this contract until it has obtained all
insurance required under this Article and such insurance has been approved by the CITY nor
shall the CONSULTANT allow any SUBCONSULTANT, if applicable, to commence work on
a sub -contract until all similar such insurance required of the SUBCONSULTANT has been
obtained and approved.
7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the
City prior to the commencement of the work. These Certificates shall contain a provision that
coverage afforded under these policies will not be canceled until at least thirty days (30) prior
written notice has been given to the CTTY. Policies shall be issued by companies authorized to
do business under the laws of the State of Florida.
7.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide",
published by A.M. Best Guide.
7.4 Insurance shall be in force until all work required to be performed under the terms of the Contract
is satisfactorily completed as set forth in the Architect/Engineer of Records' Final Completion
Certificate and the Certificate of Occupancy (C.O.) as evidenced by the formal acceptance by the
CITY. In the event the insurance certificate provided indicates that the insurance shall terminate
and lapse during the period of this contract, then in that event, the CONSULTANT shall furnish,
at least three (3) days prior to the expiration of the date of such insurance, a renewed certificate
of insurance as proof that equal and like coverage for the balance of the period of the contract
and extension there under is in effect. The CONSULTANT shall not continue to work pursuant
Page 6 of 17
to this contract unless all required insurance remains in full force and effect.
7.5 CONSULTANT'S Insurance Coverage shall include General Liability, Automobile Liability,
Professional Liability and Worker's Compensation and Employer's Liability:
(a) Workers' Compensation Insurance — as required by law;
(b) Employer's Liability Insurance - as required by law;
(c) Automobile Liability Insurance — the minimum limit of coverage shall be $1,000,000
per occurrence, combined single limit for Bodily Injury Liability and Property Damage
Liability
(d) Personal Injury in the minimum amounts of $1,000,000 for combined Bodily Injury and
Property Damage.
(e) Professional Liability Insurance: minimum coverage shall be $1,000,000.00 with
deductible or self -insured retention (SIR) indicated.
7.6 The CONSULTANT shall hold the CITY, its agents, and employees, harmless on account of
claims for damages to persons, property or premises arising out of the operations to
complete this Agreement and name the CITY as additional insured under their policy.
7.7 The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures, following discussion and confirmation of the same with the
CONSULTANT.
ARTICLE 8
PROTECTION OF PROPERTY
8.1 At all times during the performance of this Contract, the CONSULTANT shall protect the
CITY's property and properties adjoining the Project site from all damage whatsoever.
ARTICLE 9
CONSULTANT'S INDEMNIFICATION
9.1 The CONSULTANT agrees to release the CITY from and against any and all liability and
responsibility in connection with the above mentioned matters and with the work being
performed by CONSULTANT. The CONSULTANT further agrees not to sue or seek any
money or damages from CITY in connection with the above mentioned matters.
9.2 The CONSULTANT agrees to indemnify and hold harmless the CITY, its trustees, elected and
appointed officers, agents, servants and employees, from and against any and all claims,
demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs,
expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained
by the CITY or any third party arising out of, or by reason of, or resulting from the
Page 7 of 17
CONSULTANT'S negligent acts, errors, or omissions.
9.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its agents,
officers, or employees, such liability shall be limited to the extent and limit provided in 768.28,
Florida Statutes. This provision shall not be construed as a waiver of any right or defense that
the City may possess. The City specifically reserves all rights as against any and all claims
that may be brought.
ARTICLE 10
INDEPENDENT CONSULTANT
10.1 This Agreement does not create an employee/employer relationship between the parties. It is the
intent of the parties that the CONSULTANT is an independent CONSULTANT under this
Agreement and not the CITY's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State
unemployment insurance law and similar laws. The CONSULTANT shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out the
CONSULTANT'S activities and responsibilities hereunder provided. This Agreement shall not
be construed as creating any joint employment relationship between the CONSULTANT and the
CITY and the CITY will not be liable for any obligation incurred by CONSULTANT, including
but not limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 11
CONTRACT BOND
11.1
0
ARTICLE 12
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
12.1 CITY or CONSULTANT may request changes that would increase decrease or otherwise modify
the Scope of Services/Basic Services to be provided under this Agreement as described in Article
2 of this Agreement. Such changes or additional services must be in accordance with the
provisions of the Code of Ordinances of the CITY and must be contained in a written amendment,
executed by the parties hereto, with the same formality and with equality and dignity prior to any
deviation from the terms of this Agreement, including the initiation of any additional or extra
work. Each amendment shall at a minimum include the following information on each project:
Page 8 of 17
DATE
PROJECT NAME
PROJECT COST
CHANGES DESCRIPTION
ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT
ESTIMATED PROJECT COMPLETION DATE
ARCHITECT/ENGINEER OF RECORD'S APPROVAL
12.2 In no event will the CONSULTANT be compensated for, nor will the City request for any work
which has not been described in a separate written agreement executed by the parties hereto.
ARTICLE 13
TERM AND TERMINATION
13.1 This Agreement may be terminated by either party for cause, or the CITY for convenience, upon
thirty (30) days written notice by the CITY to CONSULTANT in which event the
CONSULTANT shall be paid its compensation for services performed to termination date. In
the event that the CONSULTANT abandons this Agreement or causes it to be terminated, he
shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the
full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys,
and reports prepared by CONSULTANT shall become the property of CITY and shall be
delivered by CONSULTANT to CITY.
13.2 This Agreement shall take effect as of the date of execution as shown herein below and continue
for such time as is contemplated by the Agreement.
ARTICLE 14
CONTRACT DOCUMENTS
14.1 CONSULTANT and CITY hereby agree that the following Contract Documents, made a part of
this Agreement, as if written herein word for word: This Agreement; Proposals as set forth in
Exhibit "A" and City's Resolution in Exhibit "B".
ARTICLE 15
MISCELLANEOUS
15.1 Legal Representation:
It is acknowledged that each party to this Agreement had the opportunity to be represented by
counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be
Page 9 of 17
interpreted strictly against the party preparing same shall not apply due to the joint contribution
of both parties.
15.2 Assignments:
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered, under any circumstances, by CONSULTANT without the prior written consent of
CITY. For purposes of this Agreement, any change of ownership of CONSULTANT shall
constitute an assignment which requires CITY approval. However, this Agreement shall run to
the CITY and its successors and assigns.
15.3 Records:
CONSULTANT shall keep the as -built drawings, the shop -drawings, books and records and
require any and all SUBCONSULTANTS to keep books and records as may be necessary in
order to record complete and correct entries as to personnel hours charged to this engagement,
and any expenses for which CONSULTANT expects to be reimbursed, if applicable. Such books
and records will be available at all reasonable times for examination and audit by CITY and shall
be kept for a period of three (3) years after the completion of all work to be performed pursuant
to this Agreement, or for such longer period as is required by law. Incomplete or incorrect entries
in such books and records will be grounds for disallowance by CITY of any fees or expenses
based upon such entries.
15.4 Ownership of Documents:
Reports, surveys, plans, calculations, shop -drawings studies and other data provided in
connection with this Agreement are and shall remain the property of City.
15.5 No Contingent Fees:
CONSULTANT warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement,
and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for CONSULTANT, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making
of this Agreement. For the breach or violation of this provision, the CITY shall have the right to
terminate the Agreement without liability at its discretion, to deduct from the contract price, or
otherwise recover the full amount of such fee, commission, percentage, gift or consideration.
15.6 Notice:
Whenever any party desires to give notice unto any other party, it must be given by written notice,
sent by registered United States mail, with retum receipt requested, addressed to the party for
whom it is intended and the remaining party, at the places last specified, and the places for giving
of notice shall remain such until they shall have been changed by written notice in compliance
with the provisions of this section. For the present, the CONSULTANT and the CITY designate
Page 10 of 17
the following as the respective places for giving of notice:
CITY:
COPY TO:
COPY TO:
John E. Pate, City Manager
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
Burnadette Norris -Weeks, City Attorney
401 NW 7th Avenue
Fort Lauderdale, FL 33311
Airia Austin, CIP Director
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
CONSULTANT: Craig Aquart, President
2780 SW Douglas Road, Suit 302
Miami, FL 33133
15.7 Binding Authority:
Each person signing this Agreement on behalf of either party individually warrants that he or
she has full legal power to execute this Agreement on behalf of the party for whom he or she is
signing, and to bind and obligate such party with respect to all provisions contained in this
Agreement.
Page 11 of 17
15.8 Exhibits:
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits
if not physically attached should be treated as part of this Agreement and are incorporated herein
by reference.
15.9 Headings:
Headings herein are for convenience of reference only and shall not be considered on any
interpretation of this Agreement.
15.10 Severability:
If any provision of this Agreement or application thereof to any person or situation shall, to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of
such provisions to persons or situations other than those as to which it shall have been held invalid
or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be
enforced to the fullest extent permitted by law.
15.11 Governing Law:
This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami -
Dade County, Florida.
15.12 Disputes:
Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in
the Eleventh Judicial Circuit Court in and for Miami -Dade County.
15.13 Attorney's Fees:
To the extent authorized by law, in the event that either party brings suit for enforcement of this
Agreement, the prevailing party shall be entitled to attorney's fees and court costs in addition to
any other remedy afforded by law.
15.14 Extent of Agreement:
This Agreement, together with all contract documents, and all exhibits hereto or to the contract
documents, represents the entire and integrated agreement between the CITY and the
CONSULTANT and supersedes all prior negotiations, representations or agreements, either
written or oral.
15.15 Waiver:
Failure of the CITY to insist upon strict performance of any provision or condition of this
Agreement, or to execute any right there in contained, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition, or right, but the same shall remain
in full force and effect.
Page 12 of 17
15.16 Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age, national
origin, or disability and will take affirmative steps to ensure that applicants are employed and
employees are treated, during employment, without regard to race, color, religion, sex, age,
national origin or disability. This provision shall include, but not be limited to, the following:
employment upgrading, demotion or transfer; recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeships.
15.17 E -Verify
In accordance with Florida Statutes §448.095, the Contractor, prior to commencement of
services or payment by the City, will provide to the City proof of participation/enrollment in
the E -Verify system of the Department of Homeland Security. Evidence of
participation/enrollment will be a printout of the Company's "Company Profile" page from
the E -verify system. Failure to be continually enrolled and participating in the E -Verify
program will be a breach of contract which will be grounds for immediate termination of the
contract by the City. The Contractor will not hire any employee who has not been vetted
through E -Verify. The Contractor may not subcontract any work for the City to any
subcontractor that has not provided an affidavit stating that the subcontractor does not employ,
contract with or subcontract with an unauthorized alien.
ARTICLE 16
NOTICE TO PROCEED
The CONTRACTOR shall commence work within five (5) working days from the date of the Notice
to Proceed (NTP) following the issuance of approved permit by jurisdictional authorities,
whichever comes earlier. No work shall begin without NTP. Residents must be given at least 48
hour -notice to commence construction at the site.
Page 13 of 17
n IN WITNESS OF THE FOREGOING, the
parties have set their hands and seals the day and year first written above.
CITY OF OPA-LOCKA
ATTEST:
BY:
Joanna Flores, CMC John E. Pate
City Clerk City Manager
APPROVED AS TO FORM:
Burnadette Norris -Weeks, P.A., City Attorney
M.C. HARRY AND ASSOCIATES, INC.
A 1"11,ST:
Craig Aquart, President (Signature)
WITNESSES:
Lourdes Solera, Secretary (Signature)
(Name) (Signature)
Page 14 of 17
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as
, of
a Florida corporation, and acknowledged executed the foregoing Agreement as the proper official
of for the use and purposes mentioned in it and affixed the
official seal of the corporation, and that the instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this day of , 2021.
NOTARY PUBLIC
My Commission Expires:
Page 15 of 17
See attached document for Exhibit "A"
PROPOSAL:
M.C. HARRY AND ASSOCIATES, INC. Proposal Dated
September 11, 2020
Page 16 of 17
CHARRYASSOC ATES
CONSULTANT WORK ORDER PROPOSAL
September 11, 2020
City of Opa Locka
780 FISHERMAN STREET, 4TH FLOOR
OPA-LOCKA, FL 33054
Att: Aira Austin
Re: Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal —Unfinished Project - Conditions Assessment / Report and Recommendations
Dear Aira:
Here is our fee proposal for assessing how the current Historic Opa-locks City Building halted
construction project can be completed by a new general contractor. Grace & Naeem Uddin, Inc were the
original contractors for Phase 2A and Phase 2B of the rehabilitation project for the Historic City Hall.
Unfortunately, they were unable to complete the project due to a variety of reasons. The building is
currently unoccupied and although re -roofing and structural upgrades along with windows and some
mechanical and electrical work has been completed, the building did not get the top of the tower installed.
This means that the building is not weather -proofed and water has been getting into the building since
2016. At our site visit to re -acquaint ourselves with the project, we also noted that the new roofing is not
performing as should be expected.
Due to the length of time that building has been exposed to the elements, we will need to review
everything that was installed for all disciplines (architecture, structural, mechanical, electrical and
plumbing) to assess how much of the Construction project was a) completed and b) can remain versus
replaced or completed.
Because of the unknowns, this initial fee is to assess what is there and what we recommend prior to
revising any of our drawings. We recommend that testing for any water intrusion damage (mold and
mildew) he performed along with roof core testing as well and potential termite infestation. Building has
not be weather tight in 4 years.
Once we provide a recommendation report and after acceptance by the city, we will to provide a fee
proposal to revise our construction documents, re -permit the project (city and county), re -bid and
construction administration along with a construction cost estimate,
SCOPE OF WORK
The Phase 1 work shall be organized in two (2) tasks,
Task 1 Conditions Assessment
Task 2 Report & Recommendations
Task 1 — Conditions Assessment Site Work
MC Harry will conduct a conditions assessment survey of the property. We will inspect & identify
damaged areas as well as document existing conditions. Recognition and determination of deteriorated
portions of the building that may need to be protected. Recommend measures including structural
reinforcement, weatherization, or correction of unsafe conditions. We will provide all services necessary
to;
1. Provide an on -site team of architects and engineers to investigate, and obtain detailed
information regarding the existing conditions of the building and property including:
a. Existing Site Features
AACu0098b ARCHITECTURE. PLANNING. INTERIORS
_780 S VV. DOUGLAS ROAD SUITE 302, MIAMI. FLORIDA 33'133. VOICE 305.445.3765 FAX 305.446 98
September 11, 2020
Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal — Unfinished Project- Conditions Assessment / Report and Recommendations
Page 2
b. Exterior Building walls: Conduct assessment of historic (new work and unfinished work)
features to include: Foundations, Exterior Walls and Wood elements, Stucco, (Faux
Brick/ Stone), Porches, Railings
c. Roofing areas and associated RWL drainage systems - what is the current condition and
is it viable to remain or must it be redone.
d. Exterior Windows - installation and attachment
e. Exterior Doors - installation and attachment
f. Exterior features (Minarets, domes, porches, decorative features
g. Interior Finishes: Conduct in depth and detailed assessment of historic features to
including inspection of Moisture, Fungal and insect infestation.
h. Structural Condition of completed work and what may still need to be completed
i. Structural conditions of the Tower and special features and steel elements.
j. Elevator
k. Mechanical and Plumbing Systems
I. Electrical Systems.
m. Review any construction items on site not installed that belong to the city and may be
reused or not.
2. We will arrange for, and retain consultant to provide a new Environmental Assessment for
presence of Mold and Air quality and termite. This task will be completed and paid for as a
reimbursable expense. See Reimbursable Expense Allowance Below.
3. We will arrange for the specialized services of roofing tests. These direct costs will be presented
and invoiced to the City as a reimbursable expense. See Reimbursable Expense Allowance
Below.
Fee/Compensation: $14, 120
Task 2 — Report & Recommendations
Once the conditions assessment is completed, MCHany will evaluate all of the data and information
obtained, and will prepare a formal Report and Recommendations document. MCHarry will:
1. Provide recommendations of what can remain and what needs to be removed. Provide building
code analysis and implications on the completion of project. Original drawings were designed to
meet Florida Building Code 2010. On January 1, 2021, a new building code will take effect.
Changes in the code will need to be reviewed against original construction drawings scope.
2. Prepare preliminary cost estimates of the completion of the restoration of historic City Hall;
3. Meet with the City to review and discuss the intended recommendations; and cost estimate
implications.
Deliverables for this Task
Formal Report and Recommendations with preliminary cost estimate.
Fee/Compensation: $21,730
SUB -CONSULTANTS
The below listed Sub -Consultants will assist in the performance of the Work. These are the same sub -
consultants for the permitted drawings. .
Sub -Consultant Name
Specialty or Expertise
Bliss & Nyitray, Inc.
Structural Engineering
September 11, 2020
Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal — Unfinished Project- Conditions Assessment / Report and Recommendations
Page 3
SDM Consulting Engineers
MEP Engineering
I. SCHEDULE OF WORK — TIME OF PERFORMANCE
SCHEDULE
Task
Major Task, Sub -Task, Activity, or Deliverable
Duration
Delivery Date*
(calendar days)
0
Mobilization
15 days
NTP + 15
1
Conditions Assessment Site Work
15 days
NTP + 30
2
Issue Report & Recommendations
30 days
NTP + 60
* An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to
the City upon receipt of the NTP.
II. COMPENSATION
Consultant shall perform the Work detailed in this Proposal for a Total Compensation Not to Exceed
$43,000. Said compensation includes fees for professional services; direct costs associated with;
specialized material testing as outlined above.
PROFESSIONAL SERVICES
SCHEDULE OF FEES / COMPENSATION. Compensation shall be invoiced to the City monthly in
proportion to the tasks completed, such that the following costs per task shall not be exceeded:
Task 1 CONDITIONS ASSESSMENT $ 14,120
Task 2 REPORT AND RECOMMENDATIONS $ 21,730
Total Lump Sum Fee for Professional Services: $ 35,850
REIMBURSABLE EXPENSE
Reimbursable Expense Allowance (Not to Exceed):
$ 7,500
Allowance for Reimbursable Expenses: We recommend that this contract provide for an initial allowance
of $7,500 for the cost of direct expenses required in connection with the Work, Said Reimbursable
Expenses shall be billed at the actual 'COST' incurred with receipts presented plus a markup of 10%.
1. Environment testing Consultant
2. Direct Cost for obtaining roof cores to determine condition of roofing system.
3. Printing of documents provided to the City
4. Regulatory fees, if any
5. Expenses paid on behalf of the City related to this project.
Submitted by:
Accepted by:
Lourdes Solera, FAIR; Pr ci a! Aira Austin, City of Opa-lock
CITY OF OPA- LOCKA CITY HISTORIC CITY HALL
FEE PROPOSAL - ASSESSMENT & RECOMMENDATIONS - UNFINISHED PROJECT
9/1.1/2020
MCHarry Associates, Inc.
2780 SW Douglas Road
Miami, Florida 33133
-aas-teas
TASK DESCRIPTION
LABOR FEE
REIMS.
COSTS
NOTES / REMARKS
1
CONDITIONS ASSESSMENT
Site Inspections, identification of damaged areas, documentation of existing conditions and restoration needed. Staff
and equipment to site to investigate & assess existing conditions; included limited removal for testing & investigations
TOTAL HOURS PER PHASE
138
TOTAL FEE PER PHASE
$ 14,120
2
REPORT AND RECOMMENDATIONS
Code Analysis / Impact on Restoration
$ 4,360
Prepare Cost Estimates
$ 4,070
Develop Report and Recommendations
$ 12,060
Prepare and Present to City & HP Board
$ 1,240
(task removed - see additional services(
TOTAL HOURS PER PHASE
178
TOTAL FEE PER PHASE
$ 21,730
316
TOTAL PROJECT HOURS
$ 35,850
TOTAL LUMP SUM FEE
4
REIMBURSABLE EXPENSE ALLOWANCES
(Billed at actual cost + 10%J
Mold Testing Consultant
$ 5,500
Roofing Testing
$ 1,650
TOTAL ALLOWANCE
7,150
See attached document for Exhibit "B"
CITY'S RESOLUTION No. 20-9809
Page 17 of 17
Sponsored by: City Manager
RESOLUTION NO. 20-9809
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, ACCEPTING AUTHORIZING
THE CITY MANAGER TO ACCEPT THE FEE PROPOSAL OF
M.C. HARRY AND ASSOCIATES, INC. TO CONDUCT A
CONDITION ASSESSMENT OF HISTORIC CITY HALL AND
ENTER INTO AN AGREEMENT FOR SAME, IN AN
AMOUNT NOT TO EXCEED FORTY-THREE THOUSAND,
THREE HUNDRED FIFTY DOLLARS ($43,350.00);
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka Community Redevelopment Agency
("OCRA") and the City Commission of the City of Opa-Locka ("City Commission")
have determined that Historic City Hall ("Facility") is an important example of Moorish
architecture as evidenced by its inclusion on the Historic Registry; and
WHEREAS, such architecture was sought to be preserved, protected and
restored through a Historic City Hall Rehabilitation Project ('Project"); and
WHEREAS, during the Rehabilitation Phase II of the Project, the building was
reroofed and structural upgrades along with windows, mechanical and electrical work
were completed; and
WHEREAS, the facility has been unoccupied and abandoned since 2016,
however, the majority of the scope of work for Phase II was completed, the top of the
tower was never installed; and
WHEREAS, as a result, the facility was exposed to bad weather up until such
time as a temporary closure could be installed but damage resulted in the finished work
of the material already installed; and
WHEREAS, the City Commission desires to complete the Historic City Hall
Rehabilitation Project; and
WHEREAS, Staff recommends that a condition assessment report be conducted
to determine how much of the work was completed, how much of the completed work
can remain and how much of the unfinished work needs to be completed; and
Resolution No. 20-9809
WHEREAS, the City Commission further desires to accept the fee proposal of
M.C. Harry and Associates, Inc., the prime Architect and Engineer of record for the
Historic City Hall Rehabilitation Project, attached hereto as Exhibit "A", to conduct the
condition assessment; and
WHEREAS, the Architect and Engineer's recommendations will provide a more
accurate cost estimate to finish this project; and
WHEREAS, the City Commission finds that it is in the best interest of the City
and its residents to enter into an agreement with M.C. Harry and Associates, Inc., as
attached in Exhibit "B", to conduct a condition assessment of Historic City Hall, in an
amount not to exceed Forty -Three Thousand, Three Hundred Fifty Dollars
($43,350.00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby authorizes the City Manager to
accept the fee proposal of M.C. Harry and Associates, Inc. to conduct an condition
assessment of Historic City Hall and enter into an agreement for same, as attached in
Exhibit "B", in an amount not to exceed Forty -Three Thousand, Three Hundred Fifty
Dollars ($43,350.00).
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall be effective immediately upon adoption hereof and approval by
the Governor of the State of Florida or Governor's designee.
PASSED and ADOPTED this 30th day of September 2020.
Matthew A. Pigatt, Mayor
2
Resolution No. 20-9809
ATTEST:
oa'1� a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIEN
64/6
Burnadette Norris- eks, P.A.
City Attorney
Moved by: COMMISSIONER BURKE
Seconded by: VICE MAYOR DAVIS
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
3
City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
' � —�
i.
City
Manager:
John E. Pate
CM Signature:
L ��ti
Commission
Meeting
Date:
09/30/2020
Item Type:
(EnterX in box)
Resolution
rdinance
Other
X
Fiscal
Impact:
(EnterX in box)
Yes
No
Ordinance Reading:
(EnterX in box)
1st Reading
2na Reading
x
$43,350.00
Public Hearing:
(EnterX In box)
Yes
No
Yes
No
g
X
Funding
Sn :
Account#:
(Enter Fund & Dept)
Ex:
320-44-541823
Advertising Requirement:
(EnterX in box)
Yes
No
X
Contract/P.O.
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(EnterX in box)
Yes
No
Strategic Plan Priority Area:
Enhance Organizational D
Bus. & Economic Dev 1j
Public Safety ■
Quality of Education D
Qual. of Life & City Image ■
Communication D
Strategic Plan Obj./Strategy:
(list the specific ob)ective/strategy this
Item will address)
X
Sponsor
Name
City Manager
Dnparti ! nt•
City Manager
Short Title:
Condition Assessment, Report, and Recommendation to Finish the Historic City Hall Rehabilitation
Project.
Staff Summary:
A Resolution of the City Commission of the City of Opa-locka, Florida, requesting approval for the City Manager
to accept the fee proposal to conduct a condition assessment by MCHarry Associates, which is the prime
Architect and Engineer on record for this project. During the Rehabilitation Phase 11, the building was reroofed
and structural upgrades along with windows, mechanical and electrical work has been completed. The facility
has been unoccupied and abandoned since 2016; and although the majority of the scope for Phase 11 was
completed, the top of the tower was never installed. The facility was exposed to bad weather until a temporary
closure could be installed, but damage occurred to the finished work and the material already installed. This
assessment report will determine how much of the work was completed, how much of the completed work
can remain or be replaced, and how much of the unfinished work need to be completed. The Architect and
Engineer's recommendation will provide a more accurate cost estimate to finish this project.
Financial Impact (FY 20 Budget)
Account
Description
Available
Project
Remaining Balance
44-541823
Historic City Hall
$100,000
$43,350
$56,650
Project costs include $35,850 for MCHarry Associates, $7,150 mold and roof testing and $350 for other
reimbursable expense which may arise.
Staff recommends approval of this resolution.
Attachment
1. Agenda
2. Proposal from MCHarry Associates
3. Contract Agreement between the City and MC Harry & Associates
MCHARRYA S c;I,A 1,1
CONSULTANT WORK ORDER PROPOSAL
September 11, 2020
City of Opa Locka
780 FISHERMAN STREET, 4TH FLOOR
OPA-LOCKA, FL 33054
Att: Aira Austin
Re: Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal —Unfinished Project - Conditions Assessment / Report and Recommendations
Dear Aira:
Here is our fee proposal for assessing how the current Historic Opa-locka City Building halted
construction project can be completed by a new general contractor. Grace & Naeem Uddin, Inc were the
original contractors for Phase 2A and Phase 2B of the rehabilitation project for the Historic City Hall.
Unfortunately, they were unable to complete the project due to a variety of reasons. The building is
currently unoccupied and although re -roofing and structural upgrades along with windows and some
mechanical and electrical work has been completed, the building did not get the top of the tower installed.
This means that the building Is not weather -proofed and water has been getting into the building since
2016. At our site visit to re -acquaint ourselves with the project, we also noted that the new roofing is not
performing as should be expected.
Due to the length of time that building has been exposed to the elements, we will need to review
everything that was installed for all disciplines (architecture, structural, mechanical, electrical and
plumbing) to assess how much of the Construction project was a) completed and b) can remain versus
replaced or completed.
Because of the unknowns, this initial fee is to assess what is there and what we recommend prior to
revising any of our drawings. We recommend that testing for any water Intrusion damage (mold and
mildew) be performed along with roof core testing as well and potential termite infestation. Building has
not be weather tight in 4 years.
Once we provide a recommendation report and after acceptance by the city, we will to provide a fee
proposal to revise our construction documents, re -permit the project (city and county), re -bid and
construction administration along with a construction cost estimate.
SCOPE OF WORK
The Phase 1 work shall be organized in two (2) tasks,
Task 1 Conditions Assessment
Task 2 Report & Recommendations
Task 1 — Conditions Assessment Site Work
MC Harry will conduct a conditions assessment survey of the property. We will inspect & identify
damaged areas as well as document existing conditions. Recognition and determination of deteriorated
portions of the building that may need to be protected. Recommend measures including structural
reinforcement, weatherization, or correction of unsafe conditions. We will provide all services necessary
to;
1. Provide an on -site team of architects and engineers to investigate, and obtain detailed
information regarding the existing conditions of the building and property including:
a. Existing Site Features
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September 11, 2020
Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal — Unfinished Project- Conditions Assessment / Report and Recommendations
Page 2
b. Exterior Building walls: Conduct assessment of historic (new work and unfinished work)
features to include: Foundations, Exterior Walls and Wood elements, Stucco, (Faux
Brick/ Stone), Porches, Railings
c. Roofing areas and associated RWL drainage systems - what is the current condition and
is it viable to remain or must it be redone.
d. Exterior Windows - installation and attachment
e. Exterior Doors - installation and attachment
f. Exterior features (Minarets, domes, porches, decorative features
g. Interior Finishes; Conduct in depth and detailed assessment of historic features to
including inspection of Moisture, Fungal and insect infestation.
h. Structural Condition of completed work and what may still need to be completed
i. Structural conditions of the Tower and special features and steel elements.
J. Elevator
k. Mechanical and Plumbing Systems
I. Electrical Systems.
m. Review any construction items on site not installed that belong to the city and may be
reused or not.
2. We will arrange for, and retain consultant to provide a new Environmental Assessment for
presence of Mold and Air quality and termite. This task will be completed and paid for as a
reimbursable expense. See Reimbursable Expense Allowance Below.
3. We will arrange for the specialized services of roofing tests. These direct costs will be presented
and invoiced to the City as a reimbursable expense. See Reimbursable Expense Allowance
Below.
Fee/Compensation: $14, 120
Task 2 — Report & Recommendations
Once the conditions assessment Is completed, MCHarry will evaluate all of the data and information
obtained, and will prepare a formal Report and Recommendations document. MCHarry will:
1. Provide recommendations of what can remain and what needs to be removed. Provide building
code analysis and implications on the completion of project. Original drawings were designed to
meet Florida Building Code 2010. On January 1, 2021, a new building code will take effect.
Changes in the code will need to be reviewed against original construction drawings scope.
2. Prepare preliminary cost estimates of the completion of the restoration of historic City Hall;
3. Meet with the City to review and discuss the intended recommendations; and cost estimate
implications.
Deliverables for this Task
Formal Report and Recommendations with preliminary cost estimate.
Fee/Compensation: $21,730
SUB -CONSULTANTS
The below listed Sub -Consultants will assist in the performance of the Work. These are the same sub -
consultants for the permitted drawings. .
Sub -Consultant Name
Specialty or Expertise
Bliss & Nyitray, Inc.
Structural Engineering
September 11, 2020
Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal — Unfinished Project- Conditions Assessment / Report and Recommendations
Page 3
SDM Consulting Engineers
I, SCHEDULE OF WORK — TIME OF PERFORMANCE
MEP Engineering
SCHEDULE
Task
Major Task, Sub -Task, Activity, or Deliverable
Duration
Delivery Date*
(calendar days)
0
Mobilization
15 days
NTP + 15
1
Conditions Assessment Site Work
15 days
NTP + 30
2
Issue Report & Recommendations
30 days
NTP + 60
* An updated schedule, indicating actual delivery dates, based on the above durations, wi I be provided to
the City upon receipt of the NTP.
II. COMPENSATION
Consultant shall perform the Work detailed in this Proposal for a Total Compensation Not to Exceed
$43,000. Said compensation includes fees for professional services; direct costs associated with;
specialized material testing as outlined above.
PROFESSIONAL SERVICES
SCHEDULE OF FEES / COMPENSATION. Compensation shall be invoiced to the City monthly in
proportion to the tasks completed, such that the following costs per task shall not be exceeded:
Task 1 CONDITIONS ASSESSMENT $ 14,120
Task 2 REPORT AND RECOMMENDATIONS $ 21,730
Total Lump Sum Fee for Professional Services: $ 35,850
REIMBURSABLE EXPENSE
Reimbursable Expense Aiiowance (Not to Exceed);
$ 7,500
Allowance for Reimbursable Expenses: We recommend that this contract provide for an initial allowance
of $7,500 for the cost of direct expenses required in connection with the Work, Said Reimbursable
Expenses shall be billed at the actual 'COST' incurred with receipts presented plus a markup of 10%.
1. Environment testing Consultant
2. Direct Cost for obtaining roof cores to determine condition of roofing system.
3. Printing of documents provided to the City
4. Regulatory fees, if any
5. Expenses paid on behalf of the City related to this project.
Submitted by:
Accepted by;
Lourdes Solera, FAIR Princial-- Aira Austin, City of Opa-lock
CITY Of OPA- LOCKA CITY HISTORIC CITY HALL
FEE PROPOSAL -ASSESSMENT & RECOMMENDATIONS - UNFINISHED PROJECT
9/11/2020
MCHarry Associates, Inc.
2780 SW Douglas Road
Miami, Florida 33133
305-445-3765
TASK DESCRIPTION
LABOR FEE
REIMB.
COSTS
NOTES / REMARKS
1
CONDITIONS ASSESSMENT
Site Inspections, identification of damaged areas, documentation of existing conditions and restoration needed. Staff
and equipment to site to investigate & assess existing conditions; included limited removal for esting & investigations
TOTAL HOURS PER PHASE
138
TOTAL FEE PER PHASE
$ 14,120
2
REPORT AND RECOMMENDATIONS
Code Analysis / Impact on Restoration
$ 4,360
Prepare Cost Estimates
$ 4,070
Develop Report and Recommendations
$ 12,060
Prepare and Present to City & HP Board
$ 1,240
(task removed - see additional services)
TOTAL HOURS PER PHASE
178
TOTAL FEE PER PHASE
$ 21,730
316
TOTAL PROJECT HOURS
$ 35,850
TOTAL LUMP SUM FEE
4
REIMBURSABLE EXPENSE ALLOWANCES
[Billed at actual cost + 10%J
Mold Testing Consultant
$ 5,500
Roofing Testing
$ 1,650
TOTAL ALLOWANCE
7,150
CONTRACT AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
MC HARRY AND ASSOCIATES, INC
FOR
CONDITION ASSESSMENT, REPORT & RECOMMENDATION
TO THE HISTORIC CITY HALL BUILDING
Page 1 of 17
AGREEMENT
THIS IS AN AGREEMENT dated the Day of November, 2020, between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY,"
and
MC HARRY AND ASSOCIATES
A licensed Company, authorized to do business in the State of Florida,
hereinafter "CONSULTANT".
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set
forth, CITY and CONSULTANT agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to generally
express the objectives, and intentions, of the respective parties herein, the following statements,
representations and explanations shall be accepted as predicates for the undertakings and commitments
included within the provisions which follow and may be relied upon by the parties as essential elements
of the mutual considerations upon which this Agreement is based.
1.1
On Seutember 30, 2020, the CITY authorized the proper CITY officials to enter into an
agreement with CONSULTANT to render the services more particularly described herein
below.
ARTICLE 2
SCOPE OF WORK
Page 2 of 17
2.1 The CONSULTANT shall furnish all of the materials, equipment, tools, supplies, and labor
necessary to perform all of the work described in accordance with Fee Proposal dated
September 11, 2020. A copy of the Proposals are attached hereto and specifically made a part
of this Agreement as Composite "Exhibit A" and the Resolution package is also attached as
Composite "Exhibit B".
2.2 CONSULTANT hereby represents to CITY, with full knowledge that CITY is relying upon these
representations when entering into this Agreement with CONSULTANT, that CONSULTANT
has the professional expertise, experience and manpower to perform the services to be provided
by CONSULTANT pursuant to the terms of this Agreement.
2.3 CONSULTANT assumes professional and technical responsibility for performance of its
services to be provided hereunder in accordance with recognized professional standards for
specified services. If within One (1) Year following completion of its services, such services fail
to meet the aforesaid standards, and the CITY promptly advises CONSULTANT,
CONSULTANT agrees to re -perform such deficient services without charge to the CITY.
ARTICLE 3
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
3.1 The CONSULTANT shall commence work to be performed under this Agreement upon full
execution of Contract. CONSULTANT shall complete all work in a timely manner
substantially by ninety days (90) after full execution of contract date, and final completion
will be thirty days (30) after substantial completion date. Should there be any delay m
issuance of permit by the jurisdictional authorities completion time will be adjusted accordingly.
3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for completion
approved by CITY in advance, in writing, will not constitute a delay by CONSULTANT.
Furthermore, a delay due to an Act of God, fire, lockout, stake or labor dispute, riot or civil
commotion, act of public enemy or other cause beyond the control of CONSULTANT shall
extend this Agreement for a period equal to such delay and during this period such delay shall
not constitute a delay by CONSULTANT for which liquidated damages are due.
3.3 Consultant's failure to perform the work specified in Exhibit "A" shall result in Consultant being
required to pay liquidated damages in the Amount of One Thousand Dollars and Zero Cents
($1,000.00) per day for each unexcused day after the completion date set forth in Section 3.1
above.
ARTICLE 4
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONSULTANT for the faithful performance of this Agreement,
S43,350.00 for work to be completed in accordance with the "Proposal" submitted by
CONSULTANT. Itemized prices for work completed by the CONSULTANT shall be as
Page 3 of 17
reflected in the proposal submitted, a copy of which is attached hereto and made a part hereof as
Exhibit "A", with no change in the price shown. A total contract price hereto is referred to as
Contract Sum and shall be Forty Three Thousand Three Hundred Fiiiv Dollars.
4.2 Notwithstanding any other provision of this contract, the CONSULTANT shall guarantee all
portions of the Project against poor workmanship and faulty materials for a period of one (1) year
after final completion certificate and retainage payment, and shall correct within fourteen
business days (14) any defects which may appear during this period upon notification by CITY.
This provision shall in no way affect the manufacturing warranty for repair or replacement.
4.3 The making and acceptance of the final payment shall constitute a waiver of all claims by
CONSULTANT except those previously made and still unsettled.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted by the Consultant to the Owner in the
Standard American Institute of Architects' Forms (AIA) G701, G702, and G703, and upon
Project Applications and Certificates for Payment issued by the Owner, the Owner shall make
progress payments on account of the Contract Sum to the Consultant as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for Payment shall be one calendar month ending on
the last day of the month, or as follows:
5.2.1. The City is under a declared State of Financial Emergency pursuant to Section
218.503, Florida Statutes. As a result, the parties to this Agreement acknowledge
that all invoices presented for payment shall be reviewed and approved by the State
of Florida prior to payment and that the City is therefore unable to comply with the
Florida Local Government Prompt Payment Act.
5.2.2. Each Application for Payment shall be based upon the Schedule of Values submitted
by the Consultant in accordance with the Contract Documents. The Schedule of
Values shall allocate the entire Contract Sum among the various portions of the
Work and be prepared in such form and supported by such data to substantiate its
accuracy as the Owner may require. This schedule, unless objected to by the Owner,
shall be used as a basis for reviewing the Consultant's Applications for Payment.
5.2.3. Applications for Payment shall indicate the percentage of completion of each portion
of the Work as of the end of the period covered by the Application for Payment.
5.2.4. Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.2.4.1 Take that portion of the Contract Sum properly allocable to completed Work as
Page 4 of 17
determined by multiplying the percentage completion of each portion of the
Work by the share of the total Contract Sum allocated to that portion of the
Work in the Schedule of Values, less retainage of Ten percent (10%). Pending
final determination of cost to the Owner of changes in the Work, amounts not
in dispute may be included in applications for Payment. The amount of credit
to be allowed by the Consultant to the Owner for a deletion or change which
results in a net decrease in the Contract Sum shall be actual net cost as
confirmed by the Construction Manager. When both additions and credits
covering related Work or substitutions are involved in a change the allowance
for overhead and profit shall be figured on the basis of net increase, if any, with
respect to that change.
5.2.4.2 Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and material suitably stored at the site for subsequent
incorporation in the completed construction or, if approved in advance by the
Owner, material suitably stored off the site at a location agreed upon in writing,
less retainage of ten percent (10%).
5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and subtract
amounts, if any, for which the Construction Manager has withheld or nullified
a Certificate for Payment.
5.3 Each Application for Payment submitted by the Consultant to the Owner shall include Partial
Release of lien from his company and each subConsultant for labor, equipment, services or
materials described in the Application for Payment.
5.4 The progress payment amount determined in accordance with the above shall be further
modified under the following circumstances:
5.4.1 Add, upon Substantial Completion of the Work, a sum sufficient to
increase the total payments to Ninety percent (90%) of the Contract Sum,
less such amounts as the Construction Manager recommends and the
Owner determines for incomplete Work and unsettled claims; and
5.5 Reduction or limitation of retainage, if any, shall be as follows: None
ARTICLE 6
FINAL PAYMENT
6.1 Final Payment, constituting the entire unpaid balance of the Contract Sum, shall be made by
the Owner to the Consultant when:
(a) The Contract has been fully performed by the Consultant upon the Consultant 's
Page 5 of 17
fulfilled responsibility to correct nonconforming Work and to satisfy other
requirements, if any, which necessarily survive final payment, and
(b) The Consultant bas furnished the City with Final Release of Lien from his own
company and from each subConsultant for labor, equipment, services or materials
described in the Final Application for Payment, and
(c) A final Project Certificate for Payment has been issued by the City upon the
Architect/Engineer of records final completion Certificate, and
(d) The Consultant has met all provisions of the reporting requirements of grants if the
project is funded by grant money; such final payment shall be made by the Owner not
more than 20 days after the issuance of the final Project Certificate for Payment.
ARTICLE 7
CONSULTANT 'S LIABILITY INSURANCE
7.1 The CONSULTANT shall not commence work under this contract until it has obtained all
insurance required under this Article and such insurance has been approved by the CITY nor
shall the CONSULTANT allow any SubConsultant , if applicable, to commence work on a sub-
contract until all similar such insurance required of the subConsultant has been obtained and
approved.
7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the
City prior to the commencement of the work. These Certificates shall contain a provision that
coverage afforded under these policies will not be canceled until at least thirty days (30) prior
written notice has been given to the CITY. Policies shall be issued by companies authorized to
do business under the laws of the State of Florida.
7.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide",
published by A.M. Best Guide.
7.4 Insurance shall be in force until all work required to be performed under the terms of the Contract
is satisfactorily completed as set forth in the Architect/Engineer of Records' Final Completion
Certificate and the Certificate of Occupancy (C.O.) as evidenced by the formal acceptance by the
CITY. In the event the insurance certificate provided indicates that the insurance shall terminate
and lapse during the period of this contract, then in that event, the CONSULTANT shall furnish,
at least three (3) days prior to the expiration of the date of such insurance, a renewed certificate
of insurance as proof that equal and like coverage for the balance of the period of the contract
and extension there under is in effect. The CONSULTANT shall not continue to work pursuant
to this contract unless all required insurance remains in full force and effect.
7.5 Consultant's Insurance Coverage shall include General Liability, Automobile Liability,
Professional Liability and Worker's Compensation and Employer's Liability:
Page 6of17
(a)
(b)
(c)
Workers' Compensation Insurance — as required by law;
Employer's Liability Insurance - as required by law;
Automobile Liability Insurance — the minimum limit of coverage shall be $1,000,000
per occurrence, combined single limit for Bodily Injury Liability and Property Damage
Liability
(d) Personal Injury in the minimum amounts of $1,000.000 for combined Bodily Injury and
Property Damage.
(e) Professional Liability Insurance: minimum coverage shall be $1,000,000.00 with
deductible or self -insured retention (SIR) indicated.
7.6 The CONSULTANT shall hold the CITY, its agents, and employees, harmless on account of
claims for damages to persons, property or premises arising out of the operations to
complete this Agreement and name the CITY as additional insured under their policy.
7.7 The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures, following discussion and confirmation of the same with the
Consultant.
ARTICLE 8
PROTECTION OF PROPERTY
8.1 At all times during the performance of this Contract, the CONSULTANT shall protect the
CITY's property and properties adjoining the Project site from all damage whatsoever.
ARTICLE 9
CONSULTANT 'S INDEMNIFICATION
9.1 The CONSULTANT agrees to release the CITY from and against any and all liability and
responsibility in connection with the above mentioned matters and with the work being
performed by Consultant. The CONSULTANT further agrees not to sue or seek any money or
damages from CITY in connection with the above mentioned matters.
9.2 The CONSULTANT agrees to indemnify and hold harmless the CITY, its trustees, elected and
appointed officers, agents, servants and employees, from and against any and all claims,
demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs,
expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained
by the CITY or any third party arising out of, or by reason of, or resulting from the
CONSULTANT 's negligent acts, errors, or omissions.
Page 7 of 17
9.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its agents,
officers, or employees, such liability shall be limited to the extent and limit provided in 768.28,
Florida Statutes. This provision shall not be construed as a waiver of any right or defense that
the City may possess. The City specifically reserves all rights as against any and all claims
that may be brought.
ARTICLE 10
INDEPENDENT CONSULTANT
10.1 This Agreement does not create an employee employer relationship between the parties. It is the
intent of the parties that the CONSULTANT is an independent Consultant under this Agreement
and not the CITY's employee for any purposes, including but not limited to, the application of
the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment
insurance law and similar laws. The CONSULTANT shall retain sole and absolute discretion in
the judgment of the manner and means of carrying out the CONSULTANT's activities and
responsibilities hereunder provided. This Agreement shall not be construed as creating any joint
employment relationship between the CONSULTANT and the CITY and the CITY will not be
liable for any obligation incurred by CONSULTANT, including but not limited to unpaid
minimum wages and/or overtime premiums.
ARTICLE 11
CONTRACT BOND
ARTICLE 12
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
12.1 CITY or CONSULTANT may request changes that would increase decrease or otherwise modify
the Scope of Services/Basic Services to be provided under this Agreement as described in Article
2 of this Agreement. Such changes or additional services must be in accordance with the
provisions of the Code of Ordinances of the CITY and must be contained in a written amendment,
executed by the parties hereto, with the same formality and with equality and dignity prior to any
deviation from the terms of this Agreement, including the initiation of any additional or extra
work. Each amendment shall at a minimum include the following information on each project:
Page 8of17
DATE
PROJECT NAME
PROJECT COST
CHANGES DESCRIPTION
ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT
ESTIMATED PROJECT COMPLETION DATE
ARCHTTECT/ENGINEER OF RECORD'S APPROVAL
12.2 In no event will the CONSULTANT be compensated for, nor will the City request for any work
which has not been described in a separate written agreement executed by the parties hereto.
ARTICLE 13
TERM AND TERMINATION
13.1 This Agreement may be terminated by either party for cause, or the CITY for convenience, upon
thirty (30) days written notice by the CITY to CONSULTANT in which event the
CONSULTANT shall be paid its compensation for services performed to termination date. In
the event that the CONSULTANT abandons this Agreement or causes it to be terminated, he
shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the
full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys,
and reports prepared by CONSULTANT shall become the property of CITY and shall be
delivered by CONSULTANT to CITY.
13.2 This Agreement shall take effect as of the date of execution as shown herein below and continue
for such time as is contemplated by the Agreement.
ARTICLE 14
CONTRACT DOCUMENTS
14.1 CONSULTANT and CITY hereby agree that the following Contract Documents, made a part of
this Agreement, as if written herein word for word: This Agreement; Proposals as set forth in
Exhibit "A" and City's Resolution in Exhibit "B".
Page 9of17
ARTICLE 15
MISCELLANEOUS
15.1 Legal Representation:
It is acknowledged that each party to this Agreement had the opportunity to be represented by
counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be
interpreted strictly against the party preparing same shall not apply due to the joint contribution
of both parties.
15.2 Assignments:
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered, under any circumstances, by CONSULTANT without the prior written consent of
CITY. For purposes of this Agreement, any change of ownership of CONSULTANT shall
constitute an assignment which requires CITY approval. However, this Agreement shall run to
the CITY and its successors and assigns.
15.3 Records:
CONSULTANT shall keep the as -built drawings, the shop -drawings, books and records and
require any and all subConsultant s to keep books and records as may be necessary in order to
record complete and correct entries as to personnel hours charged to this engagement, and any
expenses for which CONSULTANT expects to be reimbursed, if applicable. Such books and
records will be available at all reasonable times for examination and audit by CITY and shall be
kept for a period of three (3) years after the completion of all work to be performed pursuant to
this Agreement, or for such longer period as is required by law. Incomplete or incorrect entries
in such books and records will be grounds for disallowance by CITY of any fees or expenses
based upon such entries.
15.4 Ownership of Documents:
Reports, surveys, plans, calculations, shop -drawings studies and other data provided in
connection with this Agreement are and shall remain the property of City.
15.5 No Contingent Fees:
CONSULTANT warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement,
and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for CONSULTANT, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making
of this Agreement. For the breach or violation of this provision, the CITY shall have the right to
terminate the Agreement without liability at its discretion, to deduct from the contract price, or
otherwise recover the full amount of such fee, corm mission, percentage, gift or consideration.
Page 10 of 17
15.6 Notice:
Whenever any party desires to give notice unto any other party, it must be given by written notice,
sent by registered United States mail, with return receipt requested, addressed to the party for
whom it is intended and the remaining party, at the places last specified, and the places for giving
of notice shall remain such until they shall have been changed by written notice in compliance
with the provisions of this section. For the present, the CONSULTANT and the CITY designate
the following as the respective places for giving of notice:
CITY:
COPY TO:
John E. Pate, City Manager
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
Burnadette Norris -Weeks, City Attorney
401 NW 7'h Avenue
Fort Lauderdale, FL 33311
COPY TO: Airia Austin, CIP Director
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
CONSULTANT:
15.7 Binding Authority:
Each person signing this Agreement on behalf of either party individually warrants that he or
she bas full legal power to execute this Agreement on behalf of the party for whom he or she is
signing, and to bind and obligate such party with respect to all provisions contained in this
Agreement.
15.8 Exhibits:
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits
if not physically attached should be treated as part of this Agreement and are incorporated herein
by reference.
15.9 Headings:
Headings herein are for convenience of reference only and shall not be considered on any
interpretation of this Agreement.
15.10 Severability:
If any provision of this Agreement or application thereof to any person or situation shall, to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of
Page 11 of 17
such provisions to persons or situations other than those as to which it shall have been held invalid
or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be
enforced to the fullest extent permitted by law.
15.11 Governing Law:
This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami -
Dade County, Florida.
15.12 Disputes:
Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in
the Eleventh Judicial Circuit Court in and for Miami -Dade County.
15.13 Attorney's Fees:
To the extent authorized by law, in the event that either party brings suit for enforcement of this
Agreement, the prevailing party shall be entitled to attorney's fees and court costs in addition to
any other remedy afforded by law.
15.14 Extent of Agreement:
This Agreement, together with all contract documents, and all exhibits hereto or to the contract
documents, represents the entire and integrated agreement between the CITY and the
CONSULTANT and supersedes all prior negotiations, representations or agreements, either
written or oral.
15.15 Waiver:
Failure of the CITY to insist upon strict performance of any provision or condition of this
Agreement, or to execute any right there in contained, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition, or right, but the same shall remain
in full force and effect.
15.16 Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age, national
origin, or disability and will take affirmative steps to ensure that applicants are employed and
employees are treated, during employment, without regard to race, color, religion, sex, age,
national origin or disability. This provision shall include, but not be limited to, the following:
employment upgrading, demotion or transfer; recruitment advertising, layoff or termination;
rates ofpay or other forms of compensation; and selection for training, including apprenticeships.
Page 12 of 17
ARTICLE 16
NOTICE TO PROCEED
The CONSULTANT shall commence work within five (5) working days from the date of the Notice
to Proceed (NTP) following the issuance of approved permit by jurisdictional authorities,
whichever comes earlier. No work shall begin without NTP. Residents must be given at least 48
hour -notice to commence construction at the site.
Page 13 of 17
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first
written above.
CITY OF OPA-LOCKA
ATTEST:
BY:
Joanna Flores, CMC John E. Pate
City Clerk City Manager
APPROVED AS TO FORM:
Burnadette Norris -Weeks, P.A. City Attorney
MC HARRY AND ASSOCIATES, INC
ATTEST:
Authorized Representative (Name) (Signature)
WITNESSES:
(Name) (Signature)
(Name) (Signature)
Page14of17
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared as , of
, a Florida corporation, and acknowledged executed the
foregoing Agreement as the proper official of for the use
and purposes mentioned in it and affixed the official seal of the corporation, and that the
instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this day of , 2020.
NOTARY PUBLIC
My Commission Expires:
Page 15 of 17
See attached document for Exhibit "A"
PROPOSAL:
Page 16 of 17
See attached document for Exhibit "B"
CITY'S RESOLUTION No, 20 -
Page 17 of 17
CONTRACT AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
M.C. HARRY AND ASSOCIATES, INC.
FOR
CONDITION ASSESSMENT, REPORT, AND RECOMMENDATION TO THE
HISTORIC CITY HALL BUILDING
Page 1 of 20
AGREEMENT
THIS IS AN AGREEMENT, dated the 20th day of April 2021, between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY,"
And
M.C. HARRY AND ASSOCIATES, INC.
A licensed Company, authorized to do business in the State of Florida,
hereinafter "CONSULTANT."
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments
hereinafter set forth, CITY and CONSULTANT agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to
generally express the objectives, and intentions, of the respective parties herein, the following
statements, representations and explanations shall be accepted as predicates for the undertakings
and commitments included within the provisions which follow and may be relied upon by the
parties as essential elements of the mutual considerations upon which this Agreement is based.
1.1
CITY desires to complete the Historic City Hall Rehabilitation Project on an emergency basis
and bypass the procurement code; and further desires to accept the fee proposal of M.C. Harry
& Associates, Inc, the prime Architect and Engineer of record for this project, to conduct a
condition assessment to the property and supply architectural and engineering
Page 2 of 20
recommendations that will provide a more precise cost estimate to finish the project.
1.2 On January 27, 2021, the CITY awarded the CONTRACT and authorized the proper CITY
officials to enter into an agreement with CONSULTANT to render the services more
particularly described herein below. A copy of the Resolution is attached hereto and made
a part hereof as Exhibit "A".
ARTICLE 2
SCOPE OF WORK
The consultant will provide services in different phases. The requirement of other phases
will be determined at the completion of phase 1 consulting services. Agreement for other
phases will be develop upon commission approval and acceptance of each subsequent
phase and its fee proposals.
Scope for Phase 1 Consulting Services:
The Phase 1 work shall be organized in two (2) tasks.
➢ Task 1 Conditions Assessment
➢ Task 2 Report & Recommendations
Task 1- Conditions Assessment Site Work
The consultant will conduct a conditions assessment survey of the property. The
consultant will inspect & identify damaged areas as well as document existing
conditions. Recognition and determination of deteriorated portions of the building that
may need to be protected. Recommend measures including structural reinforcement,
weatherization, or correction of unsafe conditions. The consultant will provide all
services necessary to.
1. Provide an on -site team of architects, and engineers to investigate, and obtain
detailed information regarding the existing conditions of the building and
property including:
a. Existing Site Features.
b. Exterior Building walls: Conduct assessment of historic (new work and
unfinished work) features to include: Foundations, Exterior Walls and
Wood elements, Stucco, (Faux Brick/ Stone), Porches, Railings.
c. Roofing areas and associated RWL drainage systems - what is the
current condition and is it viable to remain or must it be redone
d. Exterior Windows - installation and attachments
e. Exterior Doors - installation and attachments
f. Exterior features (Minarets, domes, porches, decorative features)
g. Interior Finishes: Conduct in depth and detailed assessment of historic
features to including inspection of Moisture, Fungal and insect
infestation.
h. Structural Condition of completed work and may still need to be
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completed
i. Structural conditions of the Tower and special features and steel
elements.
j. Elevator
k. Mechanical and Plumbing Systems
1. Electrical Systems
m. Review any construction items on site not installed that belong to the
City and may be refused or not
2. The consultant will arrange for and retain consultant to provide a new
Environmental Assessment for presence of mold and air quality and termite. This
task will be completed and paid for as a reimbursable expense. See Reimbursable
Expense Allowance Below.
3. The consultant will arrange for the specialized services of roofing tests. These
direct costs will be presented and invoiced to the City as a reimbursable expense.
See Reimbursable Expense Allowance Below.
Task 2 — Report & Recommendations
Once the conditions assessment is completed, the consultant will evaluate all the data
and information obtained and will prepare a formal Report and Recommendations
document. The consultant will:
1. Provide recommendations of what can remain and what needs to be removed.
Provide building code analysis and implications on the completion of project.
Original drawings were designed to meet Florida Building Code 2010. On January
1, 2021, a new building code took effect. Changes in the code will need to be
reviewed against original construction drawings scope.
2. Prepare preliminary cost estimates of the completion of the restoration of historic
City hall.
3. Meet with the city to review and discuss the intended recommendations and cost
estimate implications.
Deliverables for this Task
Formal Report and Recommendations with preliminary cost estimate.
SUB -CONSULTANTS
The below listed Sub -Consultants will assist in the performance of the Work. These are
the same subconsultants for the permitted drawings.
Sub -Consultant Name
Specialty or Expertise
Bliss & Nyitray, Inc.
Structural Engineering
SDM Consulting Engineers
MEP Engineering
Page 4 of 20
ARTICLE 3
TIME FOR COMPLETION
3.1 The CONSULTANT shall commence work to be performed under this Agreement within
fifteen (15) calendar days from the Notice to Proceed (NTP) and must complete within One
Hundred Eighty (180) calendar days.
3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for
completion approved by CITY in advance, in writing, will not constitute a delay by
CONSULTANT. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor
dispute, riot or civil commotion, act of public enemy or other cause beyond the control of
CONSULTANT shall extend this Agreement for a period equal to such delay and during this
period such delay shall not constitute a delay by CONSULTANT.
3.3 Consultant's failure to perform the work specified in this Agreement may result in
cancellation of the agreement with cause.
ARTICLE 4
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONSULTANT for the faithful performance of this
Agreement, $43.350.00 for work to be completed for phase -1 in accordance with the
"Proposal" submitted by CONSULTANT. Work completed by the CONSULTANT shall be as
reflected in the proposal submitted, a copy of which is attached hereto and made a part
hereof as Exhibit "B", with no change in the price shown. A total contact price hereto is
referred to as Contract Sum and shall be not to exceed Forty -Three Thousand Three
Hundred Fifty DOLLARS. The contract price includes fees for professional services, direct
costs associated with equipment rentals, specialized material testing, allowance for
potential optional services (to be authorized by the city if needed) and shall also include all
reimbursable expenses and all allowances.
ARTICLE 5
METHOD OF PAYMENTS
5.1
The City is under a declared State of Financial Emergency pursuant to Section 218.503,
Florida Statutes. As a result, the parties to this Agreement acknowledge that all invoices
presented for payment shall be reviewed and approved by the State of Florida prior to
payment and that the City is therefore unable to comply with the Florida Local
Government Prompt Payment Act.
Page 5 of 20
ARTICLE 6
FINAL PAYMENT
6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be
made by the Owner to the Consultant when (1) the Contract has been fully performed
by the Consultant except for the Consultant's responsibility to correct nonconforming
Work and to satisfy other requirements, if any, which necessarily survive final
payment: and (2) a final Project Certificate for Payment has been issued by the Owner
and 3) the Consultant has met all provisions of the reporting requirements of grants if
the project is funded in whole or in part by grant money; such final payment shall be
made by the Owner after the final Project Certificate for Payment be reviewed and
approved by the State.
ARTICLE 7
CONSULTANT'S LIABILITY INSURANCE
7.1 The CONSULTANT shall secure and maintain throughout the duration of this Agreement
and any Project Agreement, insurance of such type and in such amounts necessary to
protect its interest and the interest of the CITY against hazards or risks of loss as specified
below. The underwriter of such insurance shall be qualified to do business in Florida and
have agents upon whom service of process may be made in the State of Florida. The
insurance coverage shall be primary insurance with respect to the CITY, its officials,
employees, agents and volunteers. Any insurance maintained by the CITY shall be in excess
of the CONSULTANT'S insurance and shall not contribute to the CONSULTANT'S insurance.
The insurance coverage shall include a minimum of:
I. Worker's Compensation and Employer's Liability Insurance: Coverage to
apply for all employees for Statutory Limits as required by applicable State and
Federal laws. The policy(ies) must include Employer's Liability with minimum
limits of $100,000.00 each accident.
II. Comprehensive Automobile and Vehicle Liability Insurance: This insurance
shall be written in comprehensive form and shall protect the CONSULTANT and
the CITY against claims for injuries to members of the public and/or damages to
property of others arising from the CONSULTANT'S use of non -owned and hired
motor vehicles or any other equipment and shall cover operation with respect to
onsite and offsite operations and insurance coverage shall extend to any motor
vehicles or other equipment irrespective of whether the same is owned, non -
owned, or hired. The limit of liability shall not be less than $1,000,000.00 per
occurrence, combined single limit for Bodily Injury Liability and Property
Page 6 of 20
Damage Liability. Coverage must be afforded on a form no more restrictive that
the latest edition of the Business Automobile Liability Policy, without restrictive
endorsement, as filed by the Insurance Services Office.
III. Commercial General Liability. This insurance shall be written in
comprehensive form and shall protect the CONSULTANT and the CITY against
claims arising from injuries to members of the public or damage to property of
others arising out of any act or omission to act of the CONSULTANT or any of its
agents, employees, or subcontractors. The limit of liability shall not be less than
$1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability
and Property Damage Liability.
(a) Coverage must be afforded on a form no more restrictive than the latest
edition of the Commercial General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include: (1)
Premises and/or Operations; (2) Independent contractors and Products
and/or completed Operations; (3) Broad Form Property Damage, Personal
Injury and a Contractual Liability Endorsement, including any hold harmless
and/or indemnification agreement.
(b) The CITY is to be specifically included as an Additional Insured for the liability
of the CITY resulting from operations performed by or on behalf of
CONSULTANT in performance of this or any Project Agreement.
CONSULTANT'S insurance, including that applicable to the CITY as an
Additional Insured, shall apply on a primary basis and any other insurance
maintained by the CITY shall be in excess of and shall not contribute to
CONSULTANT'S insurance. CONSULTANT'S insurance shall contain a
severability of interest provision providing that, except with respect to the
total limits of liability, the insurance shall apply to each Insured or Additional
Insured in the same manner as if separate policies had been issued to each.
IV. Professional Liability: The CONSULTANT shall furnish professional liability
errors and omissions insurance coverage in an amount not less than
$1,000,000.00 with a deductible of $25,000.00 per claim. The CONSULTANT shall
be responsible for maintaining this professional liability insurance for a minimum
of five (5) years from the date of execution of each Project Agreement. Upon
request of the CITY, the CONSULTANT shall make available for inspection copies
of any claims filed or made against the policy during the policy term. The
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CONSULTANT shall additionally notify the CITY, in writing, within thirty (30)
calendar days of any claims filed or made against this policy in excess of
$100,000.00 during the policy term.
V. Certificate of Insurance: Prior to the execution of this Agreement,
CONSULTANT shall provide the CITY Manager with evidence of insurability from
the Consultant's Insurance Carrier or a Certificate of Insurance. Prior to execution
of any Project Agreement, the CONSULTANT shall provide to the CITY Manager,
Certificates of Insurance evidencing the required insurance coverages. The
Certificates of Insurance shall not only name the types of policy(ies) provided, but
also shall refer specifically to this and any Project Agreement and shall state that
such insurance is as required by this and any Project Agreement. The CITY
reserves the right to require the CONSULTANT to provide a certified copy of such
policies, upon written request by the CITY. If a policy is due to expire prior to the
completion of the services, renewal Certificates of Insurance or policies shall be
furnished thirty (30) calendar days prior to the date of their policy expiration.
Each policy certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the CITY before any policy
or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject
to approval of the CITY Manager.
VI. All deductibles or self -insured retentions must be declared to and be approved by
the CITY Manager. The CONSULTANT shall be responsible for the payment of any
deductible or self -insured retentions in the event of any claim. The CITY Manager
may require the CONSULTANT, as a condition of execution of a particular Project
Agreement, to provide a bond or other monetary consideration to cover the
CONSULTANT'S deductible for Professional Liability Insurance.
7.2 Insurance shall be in force until all work required to be performed under the terms of
the Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY.
In the event the insurance certificate provided indicates that the insurance shall terminate
and lapse during the period of this contract, then in that event, the CONSULTANT shall
furnish, at least three (3) days prior to the expiration of the date of such insurance, a
renewed certificate of insurance as proof that equal and like coverage for the balance of the
period of the contract and extension there under is in effect. The CONSULTANT shall not
continue to work pursuant to this contract unless all required insurance remains in full
force and effect.
7.3 The CONSULTANT shall hold the CITY, its agents, and employees, harmless on account of
claims for damages to persons, property or premises arising out of the operations to
Page 8 of 20
complete this Agreement.
7.4 The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures.
ARTICLE 8
CONSULTANT'S INDEMNIFICATION
8.1 The CONSULTANT agrees to release the CITY from and against any and all liability and
responsibility in connection with the above -mentioned matters and with the work being
performed by Consultant to the extent caused by CONSULTANT's breach of contract or
negligent acts, errors or omissions. The CONSULTANT further agrees not to sue or seek any
money or damages from CITY in connection with the above -mentioned matters provided
the CITY has not breached its obligations hereunder.
8.2 The CONSULTANT agrees to indemnify and hold harmless the CITY, its trustees, elected and
appointed officers, agents, servants and employees, from and against any and all claims,
demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs,
expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees,
sustained by the CITY or any third party arising out of, or by reason of, or resulting from the
CONSULTANT's negligent acts, errors, or omissions.
8.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its
agents, officers, or employees, such liability shall be limited to the extent and limit
provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver
of any right or defense that the City may possess. The City specifically reserves all rights
as against any and all claims that may be brought.
ARTICLE 9
INDEPENDENT CONSULTANT
9.1 This Agreement does not create an employee/employer relationship between the parties.
It is the intent of the parties that the CONSULTANT is an independent Consultant under this
Agreement and not the CITY's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax
Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and
the State unemployment insurance law and similar laws. The CONSULTANT shall retain
Page 9 of 20
sole and absolute discretion in the judgment of the manner and means of carrying out the
CONSULTANT's activities and responsibilities hereunder provided. This Agreement shall
not be construed as creating any joint employment relationship between the CONSULTANT
and the CITY and the CITY will not be liable for any obligation incurred by CONSULTANT,
including but not limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 10
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
10.1 CITY or CONSULTANT may request changes that would increase decrease or otherwise
modify the Scope of Services/Basic Services to be provided under this Agreement. Such
changes or additional services must be in accordance with the provisions of the Code of
Ordinances of the CITY and must be contained in a written amendment, executed by the
parties hereto, with the same formality and with equality and dignity prior to any deviation
from the terms of this Agreement, including the initiation of any additional or extra work.
Each amendment shall at a minimum include the following information on each project:
PROJECT NAME
PROJECT DESCRIPTION
ESTIMATED PROJECT COST
ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT
ESTIMATED PROJECT COMPLETION DATE
10.2 In no event will the CONSULTANT be compensated for any work which has not been
described in a separate written agreement executed by the parties hereto.
ARTICLE 11
TERM AND TERMINATION/SUSPENSION
For Cause: This Agreement may be terminated by either party for cause, or the CITY for
convenience, upon written notice by the CITY to CONSULTANT in which event the
CONSULTANT shall be paid its compensation for services performed to termination date.
In the event that the CONSULTANT abandons this Agreement or causes it to be terminated
(not due to the fault of the CITY), he shall indemnify the CITY against any loss pertaining to
this termination up to a maximum of the full contracted fee amount. All finished or
unfinished documents, data, studies, plans, surveys, and reports prepared by CONSULTANT
Page 10 of 20
shall become the property of CITY and shall be delivered by CONSULTANT to CITY.
11.2 For Convenience: This Project Agreement may be terminated by the CITY for
convenience upon fourteen (14) calendar days' written notice to the CONSULTANT. In
the event of termination, the CONSULTANT shall incur no further obligations in
connection with the Project and shall, to the extent possible, terminate any outstanding
sub-consultant(s) obligations. The CONSULTANT shall be compensated for all services
performed to the satisfaction of the CITY and for reimbursable expenses incurred prior
to the date of termination. The CONSULTANT shall promptly submit its invoice for final
payment and reimbursement and the invoice shall comply with the provisions of
Subsection 5.1 of this Project Agreement. Under no circumstances shall the CITY make
any payment to the CONSULTANT for services which have not been performed.
11.3 Assignment upon Termination: Upon termination of this Project Agreement, a copy of
all of the CONSULTANT'S work product shall become the property of the CITY and the
CONSULTANT shall, within ten (10) working days of receipt of written direction from
the CITY, transfer to either the CITY or its authorized designee, a copy of all work product
in its possession, including but not limited to designs, specifications, drawings, studies,
reports and all other documents and data in the possession of the CONSULTANT
pertaining to this Project Agreement. Further, upon the CITY'S request, the
CONSULTANT shall assign its rights, title and interest under any subcontractor's
agreements to the CITY.
11.4 Suspension for Convenience: The CITY shall have the right at any time to direct the
CONSULTANT to suspend its performance, or any designated part thereof, for any reason
whatsoever or without reason, for a cumulative period of up to ninety (90) calendar days.
If any such suspension is directed by the CITY, the CONSULTANT shall immediately
comply with same. In the event the CITY directs a suspension of performance as
provided for herein through no fault of the CONSULTANT, the CITY shall pay to the
CONSULTANT its reasonable costs, actually incurred and paid, of demobilization and
remobilization, as full compensation for any such suspension.
11.5 This Agreement shall take effect as of the date of execution as shown herein below and
continue for such time as is contemplated by the Agreement.
Page 11 of 20
ARTICLE 12
CONTRACT DOCUMENTS
12.1 CONSULTANT and CITY hereby agree that the following exhibits, which are attached
hereto and made a part thereof, are fully incorporated herein and made a part of this
Agreement, as if written herein word for word: This Agreement; CONSULTANT's
proposal as set forth in Exhibit "B"; and Resolution# 21-9836 as set forth in Exhibit "A",
or to this Agreement. The consultant will be expected to rectify any omissions and make
such changes as deemed appropriate at no additional cost unless otherwise agreed to by
the parties in writing.
ARTICLE 13
MISCELLANEOUS
13.1 Legal Representation:
It is acknowledged that each party to this Agreement had the opportunity to be represented by
counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be
interpreted strictly against the party preparing same shall not apply due to the joint contribution
of both parties.
13.2 Records:
CONSULTANT shall keep books and records and require any and all sub -Consultants to keep books
and records as may be necessary in order to record complete and correct entries as to personnel
hours charged to this engagement, and any expenses for which CONSULTANT expects to be
reimbursed, if applicable. Such books and records will be available at all reasonable times for
examination and audit by CITY and shall be kept for a period of three (3) years after the completion
of all work to be performed pursuant to this Agreement, or for such longer period as is required by
law. Incomplete or incorrect entries in such books and records will be grounds for disallowance
by CITY of any fees or expenses based upon such entries.
13.3 Ownership of Documents:
Reports, surveys, plans, studies and other data provided in connection with this Agreement or
proposed by consultant or any sub -consultant are and shall remain the property of City. Upon
reasonable notice same shall be made available to representatives of Miami Dade County. In
addition, the Office of Inspector General of Miami -Dade County shall have access thereto for any of
the purposes provided in Section 2-1076 of the Code of Miami -Dade County.
13.4 No Contingent Fees:
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CONSULTANT warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONSULTANT, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this provision, the
CITY shall have the right to terminate the Agreement without liability at its discretion, to
deduct from the contract price, or otherwise recover the full amount of such fee,
commission, percentage, gift or consideration.
13.5 Notice:
Whenever any party desires to give notice unto any other party, it must be given by written
notice, sent by registered United States mail, with return receipt requested, addressed to
the party for whom it is intended and the remaining party, at the places last specified, and
the places for giving of notice shall remain such until they shall have been changed by
written notice in compliance with the provisions of this section. For the present, the
CONSULTANT and the CITY designate the following as the respective places for giving of
notice:
CITY:
COPY TO:
John E. Pate, City Manager
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
Burnadette Norris -Weeks, City Attorney
401 NW 7th Avenue
Fort Lauderdale, Florida 33311
CONSULTANT : Lourdes Solera, FAIA, President, Director
M.C. Harry and Associates, Inc.
2780 S.W. Douglas Road, Suite 302
Miami, FL 33133
13.6 Binding Authority:
Each person signing this Agreement on behalf of either party individually warrants that he
or she has full legal power to execute this Agreement on behalf of the party for whom he or
she is signing, and to bind and obligate such party with respect to all provisions contained
in this Agreement.
Page 13 of 20
13.7 Exhibits:
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The
exhibits if not physically attached should be treated as part of this Agreement and are
incorporated herein by reference.
13.8 Headings:
Headings herein are for convenience of reference only and shall not be considered on any
interpretation of this Agreement.
13.9 Severability:
If any provision of this Agreement or application thereof to any person or situation shall, to
any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected thereby, and shall continue in
full force and effect, and be enforced to the fullest extent permitted by law.
13.10 Governing Law:
This Agreement shall be governed by the laws of the State of Florida with venue lying in
Miami -Dade County, Florida.
13.11 Disputes:
Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated
in the Eleventh Judicial Circuit Court in and for Miami -Dade County.
13.12 Attorney's Fees:
To the extent authorized by law, in the event that either party brings suit for enforcement
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
court costs in addition to any other remedy afforded by law.
13.13 Extent of Agreement:
This Agreement, together with all contract documents, and all exhibits hereto or to the
contract documents, represents the entire and integrated agreement between the CITY and
the CONSULTANT and supersedes all prior negotiations, representations, or agreements,
either written or oral.
13.14 Waiver:
Failure of the CITY to insist upon strict performance of any provision or condition of this
Agreement, or to execute any right therein contained, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition, or right, but the same shall
remain in full force and effect.
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13.15 Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age,
national origin, or disability and will take affirmative steps to ensure that applicants are
employed and employees are treated, during employment, without regard to race, color,
religion, sex, age, national origin or disability. This provision shall include, but not be
limited to, the following: employment upgrading, demotion or transfer; recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeships.
13.16 Compliance with Miami -Dade County Regulations:
The parties hereto acknowledge and understand that the funding for this Contract is
provided from grant funds provided to the City by Miami Dade County. As a result of said
grant funding, the parties must adhere to certain regulations regarding as further
documented herein regarding retention of records and funding.
13.17 E -Verify Form
Effective January 1, 2021, public and private employers, contractors and subcontractors
will begin required registration with, and use of the E -verify system in order to verify the
work authorization status of all newly hired employees. Vendor/Consultant/Contractor
acknowledges and agrees to utilize the U.S. Department of Homeland Security's E -Verify
System to verify the employment eligibility of:
a. All persons employed by Vendor/Consultant/Contractor to perform employment
duties within Florida during the term of the contract; and
b. All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Vendor/Consultant/Contractor to perform work pursuant to the contract with
the Department. The Vendor/Consultant/Contractor acknowledges and agrees
that use of the U.S. Department of Homeland Security's E -Verify System during
the term of the contract is a condition of the contract with the City of Opa-locka;
and
Should vendor become successful Contractor awarded for the above -named project, by
entering into this Contract, the Contractor becomes obligated to comply with the
provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time
to time. This includes but is not limited to utilization of the E -Verify System to verify the
work authorization status of all newly hired employees and requiring all subcontractors
to provide an affidavit attesting that the subcontractor does not employ, contract with,
or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such
affidavit for the duration of the contract. Failure to comply will lead to termination of
this Contract, or if a subcontractor knowingly violates the statute, the subcontract must
Page 15 of 20
be terminated immediately. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period of 1
year after the date of termination.
ARTICLE 14
NOTICE TO PROCEED
The Consultant and the engineer shall commence work within fifteen (15) calendar days from the
date of the Notice to Proceed (NTP). No work shall begin without NTP.
Page 16 of 20
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY OF OPA-LOCKA
TTEST:
J , : nna Flores, CMC
City Clerk
1 lr
APPROVED AS TO FORM:
Burnadette Norris-Ieeks, P A. City Attorney
M.C. HARRY AND ASSOCIATES, INC.
ATTEST:
Lourdes Solera, President
(Print Name)
WITNESSES:
(Print Name)
(Signature)
(Print Name)
(Signature)
Page 17 of 20
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally app eared > ,,; :_::� ' as ; _ ._:
a Florida corporation, and acknowledged
executed the foregoing Agreement as the proper official of
for
the use and purposes mentioned in it and affixed the official seal of the corporation, and
that the instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this f j day of , 2021.
,1
NOTA LIC/,
, \(,
My Commission Expires:
d `, _ai.,,.—alp
=otµ^A►1,,, JACKIE IBINARRIAGA
1 Notary Public • State of Florida
„<< c`V Commission # GG 210795
oF.r - My Comm. Expires Jul 28, 2022
. Bonded through National Notary Assn.
t -.tar ..v a... v a.
Page 18 of 20
Exhibit "A"
RESOLUTION NO. 21-9836.
Page 19 of 20
Sponsored by: City Manager
RESOLUTION NO. 21-9836
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, RESCINDING RESOLUTION 20-
9809; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
EMERGENCY FEE PROPOSAL OF M.C. HARRY AND
ASSOCIATES, INC. TO CONDUCT A CONDITION
ASSESSMENT OF HISTORIC CITY HALL AND ENTER INTO
AN AGREEMENT FOR SAME, IN AN AMOUNT NOT TO
EXCEED FORTY-THREE THOUSAND, THREE HUNDRED
FIFTY DOLLARS ($43,350.00); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka Community Redevelopment Agency
("OCRA") and the City Commission of the City of Opa-Locka ("City Commisssion") have
determined that Historic City Hall ("Facility") is an important example of Moorish
architecture as evidenced by its inclusion on the Historic Registry; and
WHEREAS, such architecture was sought to be preserved, protected and restored
through a Historic City Hall Rehabilitation Project (Project"); and
WHEREAS, during the Rehabilitation Phase II of the Project, the building was
reroofed and structural upgrades along with windows, mechanical and electrical work
were completed; and
WHEREAS, the facility has been unoccupied and abandoned since 2016, however,
the majority of the scope of work for Phase H was completed, the top of the tower was
never installed; and
WHEREAS, as a result, the facility was exposed to bad weather up until such time
as a temporary closure could be installed but damage resulted in the finished work of the
material already installed; and
WHEREAS, the City Commission desires accept the City Manager's
recommendation to complete the Historic City Hall Rehabilitation Project on an
emergency basis and bypass the procurement code; and
WHEREAS, Staff recommends that a condition assessment report be conducted to
determine how much of the work was completed, how much of the completed work can
remain and how much of the unfinished work needs to be completed; and
Resolution No. 21-9836
WHEREAS, the City Commission further desires to accept the fee proposal of
M.C. Harry and Associates, Inc., the prime Architect and Engineer of record for the
Historic City Hall Rehabilitation Project, attached hereto as Exhibit "A", to conduct the
condition assessment and rescind the previous Resolution 20-9809, which approves the
Project but does not note the emergency nature of the project and legislation; and
WHEREAS, the Architect and Engineer's recommendations will provide a more
accurate cost estimate to finish this project; and
WHEREAS, the City Commission finds that it is in the best interest of the City and
its residents to enter into an agreement with M.C. Harry and Associates, Inc., as attached
in Exhibit "B", to conduct a condition assessment of Historic City Hall, in an amount not
to exceed Forty -Three Thousand, Three Hundred Fifty Dollars ($43,350.00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOYI'LD.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby rescinds Resolution #20-9809 and
further authorizes the City Manager to accept the fee proposal of M.C. Harry and
Associates, Inc. to conduct an condition assessment of Historic City Hall and enter into
an agreement on an emergency basis for same, as attached in Exhibit "B", in an amount
not to exceed Forty -Three Thousand, Three Hundred Fifty Dollars ($43,350.00).
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall be effective immediately upon adoption hereof and approval by the
Governor of the State of Florida or Governor's designee.
PASSED and ADOPTED this 27th day of January, 2021.
Resolution No. 21-9836
Matthew A. Pigatt, Mayor
ATTEST:
(&).)\--4'‘
Jonna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
I
Burnadette No
City Attorney
Moved by:
COMMISSIONER BURKE
Seconded by: VICE MAYOR WILLIAMS
VOTE: 5-0
Commissioner Burke YES
Commissioner Davis YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
---
—'
City
Manager.
John E. Pate
CM Signature:
Commission
Meeting
Date:
01-27-2021
Item Type:
(EnterX in box)
Resolution
din nee
Other
X
Fiscal
Impact:
(Enter Xin box)
Yes
No
Ordinance Reading:
(Enter X In box)
int Reading
2nd Reading
x
$43,350.00
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding
Source:
Account#:
(Enter Fund & Dept)
Ex:
320-44-541823
Advertising Requirement:
(EnterX in box)
Yes
No
X
Contract/P.O.
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(Enter Xin box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
it
Strategic Plan ObJ./Strategy:
(list the specific objective/strategy this
item will address)
X
int
•
iil
IN
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Condition Assessment, Report, and Recommendation to Finish the Historic City Hall Rehabilitation
Project.
Staff Summary:
A Resolution of the City Commission of the City of Opa-locka, Florida, rescinding resolution 20-9809; and
authorising the City Manager to accept the emergency fee proposal to conduct a condition assessment by
MCHarry Associates, which is the prime Architect and Engineer on record for this project. During the
Rehabilitation Phase 11, the building was reroofed and structural upgrades along with windows, mechanical
and electrical work has been completed. The facility has been unoccupied and abandoned since 2016; and
although the majority of the scope for Phase 11 was completed, the top of the tower was never installed. The
facility was exposed to bad weather until a temporary closure could be installed, but damage occurred to the
finished work and the material already installed. This assessment report will determine how much of the work
was completed, how much of the completed work can remain or be replaced, and how much of the unfinished
work need to be completed. The Architect and Engineer's recommendation will provide a more accurate cost
estimate to finish this project.
Financial Impact (FY 20 Budget)
Account
Description
Available
Project
Remaining Balance
44-541823
Historic City Hall
$100,000
$43,350
$56,650
Project costs include $35,850 for MCHarry Associates, $7,150 mold and roof testing and $350 for other
reimbursable expense which may arise.
Proposed Action:
Staff recommends approval of this resolution.
Attachment:
1. Agenda
2. Proposal from MCHarry Associates
3. Contract Agreement between the City and MC Harry & Associates
4. Resolution 20-9809
Exhibit "B"
CONSULTANT'S PROPOSAL
Architectural and Engineering Fee Proposal dated September 11, 2020 of M.C. Harry and
Associates, Inc to conduct Condition Assessment, Report, and Recommendation to finish the
Historic City Hall Rehabilitation Project for the sum of Thirty -Five Thousand Eight Hundred
Fifty Dollars ($35,850.00) for completion of Task 1 & 2 and Seven Thousand Five Hundred
Dollars ($7,500.00) for reimbursable Expense Allowance.
Page 20 of 20
HARRYASSOCIATES
CONSULTANT WORK ORDER PROPOSAL
September 11, 2020
City of Opa Locka
780 FISHERMAN STREET, 4TH FLOOR
OPA-LOCKA, FL 33054
Att: Aira Austin
Re: Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal —Unfinished Project - Conditions Assessment / Report and Recommendations
Dear Aira:
Here is our fee proposal for assessing how the current Historic Opa-locka City Building halted
construction project can be completed by a new general contractor. Grace & Naeem Uddin, Inc were the
original contractors for Phase 2A and Phase 2B of the rehabilitation project for the Historic City Hall.
Unfortunately, they were unable to complete the project due to a variety of reasons. The building is
currently unoccupied and although re -roofing and structural upgrades along with windows and some
mechanical and electrical work has been completed, the building did not get the top of the tower installed.
This means that the building is not weather -proofed and water has been getting into the building since
2016. At our site visit to re -acquaint ourselves with the project, we also noted that the new roofing is not
performing as should be expected,
Due to the length of time that building has been exposed to the elements, we will need to review
everything that was installed for all disciplines (architecture, structural, mechanical, electrical and
plumbing) to assess how much of the Construction project was a) completed and b) can remain versus
replaced or completed.
Because of the unknowns, this initial fee is to assess what is there and what we recommend prior to
revising any of our drawings. We recommend that testing for any water intrusion damage (mold and
mildew) be performed along with roof core testing as well and potential termite infestation. Building has
not be weather tight in 4 years.
Once we provide a recommendation report and after acceptance by the city, we will to provide a fee
proposal to revise our construction documents, re -permit the project (city and county), re -bid and
construction administration along with a construction cost estimate.
SCOPE OF WORK
The Phase 1 work shall be organized in two (2) tasks.
Task 1 Conditions Assessment
Task 2 Report & Recommendations
Task 1 — Conditions Assessment Site Work
MC Harry will conduct a conditions assessment survey of the property. We will inspect & identify
damaged areas as well as document existing conditions. Recognition and determination of deteriorated
portions of the building that may need to be protected. Recommend measures including structural
reinforcement, weatherization, or correction of unsafe conditions. We will provide all services necessary
to;
1. Provide an on -site team of architects and engineers to investigate, and obtain detailed
information regarding the existing conditions of the building and property including:
a. Existing Site Features
ARCHITECTURE. PLANNING. INTERIORS
September 11, 2020
Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal — Unfinished Project- Conditions Assessment / Report and Recommendations
Page 2
b. Exterior Building walls: Conduct assessment of historic (new work and unfinished work)
features to include: Foundations, Exterior Walls and Wood elements, Stucco, (Faux
Brick/ Stone), Porches, Railings
c. Roofing areas and associated RWL drainage systems - what is the current condition and
is it viable to remain or must it be redone.
d. Exterior Windows - installation and attachment
e. Exterior Doors - installation and attachment
f. Exterior features (Minarets, domes, porches, decorative features
g. Interior Finishes: Conduct in depth anddetailed assessment of historic features to
including inspection of Moisture, Fungal and insect infestation.
h. Structural Condition of completed work and what may still need to be completed
i. Structural conditions of the Tower and special features and steel elements.
j. Elevator
k. Mechanical and Plumbing Systems
I. Electrical Systems.
m. Review any construction items on site not installed that belong to the city and may be
reused or not.
2. We will arrange for, and retain consultant to provide a new Environmental Assessment for
presence of Mold and Air quality and termite. This task will be completed and paid for as a
reimbursable expense. See Reimbursable Expense Allowance Below.
3. We will arrange for the specialized services of roofing tests. These direct costs will be presented
and invoiced to the City as a reimbursable expense. See Reimbursable Expense Allowance
Below.
Fee/Compensation: $14, 120
Task 2 — Report & Recommendations
Once the conditions assessment is completed, MCHarry will evaluate all of the data and information
obtained, and will prepare a formal Report and Recommendations document. MCHarry will:
1. Provide recommendations of what can remain and what needs to be removed. Provide building
code analysis and implications on the completion of project. Original drawings were designed to
meet Florida Building Code 2010. On January 1, 2021, a new building code will take effect.
Changes in the code will need to be reviewed against original construction drawings scope.
2. Prepare preliminary cost estimates of the completion of the restoration of historic City Hall;
3. Meet with the City to review and discuss the intended recommendations; and cost estimate
implications.
Deliverables for this Task
Formal Report and Recommendations with preliminary cost estimate.
Fee/Compensation: $21,730
SUB -CONSULTANTS
The below listed Sub -Consultants will assist in the performance of the Work. These are the same sub -
consultants for the permitted drawings. .
Sub -Consultant Name
Bliss & Nyitray, Inc.
Specialty or Expertise
Structural Engineering
September 11, 2020
Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal — Unfinished Project- Conditions Assessment / Report and Recommendations
Page 3
SDM Consulting Engineers
I. SCHEDULE OF WORK — TIME OF PERFORMANCE
MEP Engineering
SCHEDULE
Task
Major Task, Sub -Task, Activity, or Deliverable
Duration
Delivery Date*
(calendar days)
0
Mobilization
15 days
NTP + 15
1
Conditions Assessment Site Work
15 days
NTP + 30
2
Issue Report & Recommendations
30 days
NTP + 60
An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to
the City upon receipt of the NTP.
II. COMPENSATION
Consultant shall perform the Work detailed in this Proposal for a Total Compensation Not to Exceed
$43,000. Said compensation includes fees for professional services; direct costs associated with;
specialized material testing as outlined above.
PROFESSIONAL SERVICES
SCHEDULE OF FEES / COMPENSATION. Compensation shall be invoiced to the City monthly in
proportion to the tasks completed, such that the following costs per task shall not be exceeded:
Task 1 CONDITIONS ASSESSMENT $ 14,120
Task 2 REPORT AND RECOMMENDATIONS $ 21,730
Total Lump Sum Fee for Professional Services: $ 35,850
REIMBURSABLE EXPENSE
Rwimhi irsahla Expanse Allowance (Not to Exceed):
-r—.._ `, 1,
enn
Allowance for Reimbursable Expenses: We recommend that this contract provide for an initial allowance
of $7,500 for the cost of direct expenses required in connection with the Work, Said Reimbursable
Expenses shall be billed at the actual `COST' incurred with receipts presented plus a markup of 10%.
1. Environment testing Consultant
2. Direct Cost for obtaining roof cores to determine condition of roofing system.
3. Printing of documents provided to the City
4. Regulatory fees, if any
5. Expenses paid on behalf of the City related to this project.
Submitted by:
Lourdes Solera, FAIA, PrinciA!
Accepted by:
Aira Austin, City of Opa-lock
CITY OF OPA- LOCKA CITY HISTORIC CITY HALL
FEE PROPOSAL - ASSESSMENT & RECOMMENDATIONS - UNFINISHED PROJECT
9/11/2020
016
NI NI
VIP
MCHarryAssociates, Inc.
2780 SW Douglas Road
Miami, Florida 33133
TASK DESCRIPTION
LABOR FEE
REIMS.
COSTS
NOTES / REMARKS
1
CONDITIONS ASSESSMENT
Site Inspections, identification of damaged areas, documentation of existing conditions and restoration needed. Staff
and equipment to site to investigate & assess existing conditions; included limited removal for testing & investigations
TOTAL HOURS PER PHASE
138
TOTAL FEE PER PHASE
$ 14,120
2
REPORT AND RECOMMENDATIONS
Code Analysis / Impact on Restoration
$ 4,360
Prepare Cost Estimates
$ 4,070
Develop Report and Recommendations
$ 12,060
Prepare and Present to City & HP Board
$ 1,240
[task removed - see additional services]
TOTAL HOURS PER PHASE
178
TOTAL FEE PER PHASE
$ 21,730
316
TOTAL PROJECT HOURS
$ 35,850
TOTAL LUMP SUM FEE
4
REIMBURSABLE EXPENSE ALLOWANCES
[Billed at actual cost + 10%]
Mold Testing Consultant
$ 5,500
Roofing Testing
$ 1,650
TOTAL ALLOWANCE
7,150
CONTRACT AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
M.C. HARRY AND ASSOCIATES, INC.
FOR
ARCHITECTURAL AND ENGINEERING SERVICES TO COMPLETE THE
REHABILITATION PROJECT OF THE HISTORIC OPA-LOCKA CITY HALL
Page 1 of 19
AGREEMENT
THIS IS AN AGREEMENT, dated the day of 2022, between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY,"
And
M.C. HARRY AND ASSOCIATES, INC.
A licensed Company, authorized to do business in the State of Florida,
hereinafter "CONSULTANT."
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments
hereinafter set forth, CITY and CONSULTANT agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to
generally express the objectives, and intentions, of the respective parties herein, the following
statements, representations and explanations shall be accepted as predicates for the undertakings
and commitments included within the provisions which follow and may be relied upon by the
parties as essential elements of the mutual considerations upon which this Agreement is based.
1.1
CITY desires to complete the Historic City Hall Rehabilitation Project on an emergency basis
and bypass the procurement code; and further desires to accept the fee proposal of M.C. Harry
& Associates, Inc, the prime Architect and Engineer of record for this project, to provide
architectural and engineering services to complete the rehabilitation of the Historic Opa-locka
City Hall.
Page 2 of 19
1.2 On May 25, 2022, the CITY awarded the CONTRACT and authorized the proper CITY
officials to enter into an agreement with CONSULTANT to render theservices more
particularly described herein below. A copy of the Resolution is attached hereto and made
a part hereof as Exhibit "A".
ARTICLE 2
SCOPE OF WORK
The consultant has completed her Phase 1 Consulting Services by providing to the City
the Assessment Report of the conditions of the Historic Opa-locka City Hall, and is now
proceeding to produce new construction documents to put the project our for BID to
finish construction.
Scope for Phase 2 New Construction Documents:
Based on the Assessment Report that was provided by M.C. Harry and Associates in
November 2021, the services will include the following:
> Documenting the completed existing scope from original project
> Documenting the scope that needs to be replaced (including broken windows,
roofing, mechanical, electrical and structural items)
> Documenting the scope that is needed to complete the project to meet the city's
requests, including updating the landscape and courtyard areas.
> Permitting - new set of documents (we are not responsible to close out open
permits from past project)
> Bidding and Negotiations
> Construction Administration
SUB -CONSULTANTS
The below listed Sub -Consultants will assist in the performance of the Work. These are
the same subconsultants for the permitted drawings.
Sub -Consultant Name
Specialty or Expertise
Bliss & Nytray, Inc.
Structural Engineering
SDM Consulting Engineers
Mechanical, Electrical, Plumbing,
Fire Protection
Page 3of19
ARTICLE 3
TIME FOR COMPLETION
3.1 The CONSULTANT shall commence work to be performed under this Agreement within
fifteen (15) calendar days from the Notice to Proceed (NTP) and must complete within One
Hundred Eighty (180) calendar days.
3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for
completion approved by CITY in advance, in writing, will not constitute a delay by
CONSULTANT. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor
dispute, riot or civil commotion, act of public enemy or other cause beyond the control of
CONSULTANT shall extend this Agreement for a period equal to such delay and during this
period such delay shall not constitute a delay by CONSULTANT.
3.3 Consultant's failure to perform the work specified in this Agreement may result in
cancellation of the agreement with cause.
ARTICLE 4
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONSULTANT for the faithful performance of this
Agreement, $123.750 for work to be completed with this phase in accordance with the
"Proposal" submitted by CONSULTANT. Work completed by the CONSULTANT shall be as
reflected in the proposal submitted, a copy of which is attached hereto and made a part
hereof as Exhibit "B", with no change in the price shown. A total contact price hereto is
referred to as Contract Sum and shall be not to exceed One Hundred twenty Three
Thousand Seven hundred Fifty DOLLARS. The contract price includes fees for professional
services, direct costs associated with permitting fees and printing for items submitted to
the City, allowance for potential optional services (to be authorized by the city if needed)
and shall also include all reimbursable expenses and all allowances.
ARTICLE 5
METHOD OF PAYMENTS
5.1 The City is under a declared State of Financial Emergency pursuant to Section 218.503,
Florida Statutes. As a result, the parties to this Agreement acknowledge that all invoices
presented for payment shall be reviewed and approved by the State of Florida prior to
payment and that the City is therefore unable to comply with the Florida Local
Government Prompt Payment Act.
Page 4 of 19
ARTICLE 6
FINAL PAYMENT
6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be
made by the Owner to the Consultant when (1) the Contract has been fully performed
by the Consultant except for the Consultant's responsibility to correct nonconforming
Work and to satisfy other requirements, if any, which necessarily survive final
payment: and (2) a final Project Certificate for Payment has been issued by the Owner
and 3) the Consultant has met all provisions of the reporting requirements of grants if
the project is funded in whole or in part by grant money; such final payment shall be
made by the Owner after the final Project Certificate for Payment be reviewed and
approved by the State.
ARTICLE 7
CONSULTANT'S LIABILITY INSURANCE
7.1 The CONSULTANT shall secure and maintain throughout the duration of this Agreement
and any Project Agreement, insurance of such type and in such amounts necessary to
protect its interest and the interest of the CITY against hazards or risks of loss as specified
below. The underwriter of such insurance shall be qualified to do business in Florida and
have agents upon whom service of process may be made in the State of Florida. The
insurance coverage shall be primary insurance with respect to the CITY, its officials,
employees, agents and volunteers. Any insurance maintained by the CITY shall be in excess
of the CONSULTANT'S insurance and shall not contribute to the CONSULTANT'S insurance.
The insurance coverage shall include a minimum of:
I. Worker's Compensation and Employer's Liability Insurance: Coverage to
apply for all employees for Statutory Limits as required by applicable State and
Federal laws. The policy(ies) must include Employer's Liability with minimum
limits of $100,000.00 each accident.
II. Comprehensive Automobile and Vehicle Liability Insurance: This insurance
shall be written in comprehensive form and shall protect the CONSULTANT and
the CITY against claims for injuries to members of the public and/or damages to
property of others arising from the CONSULTANT'S use of non -owned and hired
motor vehicles or any other equipment and shall cover operation with respect to
onsite and offsite operations and insurance coverage shall extend to any motor
vehicles or other equipment irrespective of whether the same is owned, non -
owned, or hired. The limit of liability shall not be less than $1,000,000.00 per
occurrence, combined single limit for Bodily Injury Liability and Property
Page 5 of 19
Damage Liability. Coverage must be afforded on a form no more restrictive that
the latest edition of the Business Automobile Liability Policy, without restrictive
endorsement, as filed by the Insurance Services Office.
III. Commercial General Liability. This insurance shall be written in
comprehensive form and shall protect the CONSULTANT and the CITY against
claims arising from injuries to members of the public or damage to property of
others arising out of any act or omission to act of the CONSULTANT or any of its
agents, employees, or subcontractors. The limit of liability shall not be less than
$1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability
and Property Damage Liability.
(a) Coverage must be afforded on a form no more restrictive than the latest
edition of the Commercial General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include: (1)
Premises and/or Operations; (2) Independent contractors and Products
and/or completed Operations; (3) Broad Form Property Damage, Personal
Injury and a Contractual Liability Endorsement, including any hold harmless
and/or indemnification agreement.
(b) The CITY is to be specifically included as an Additional Insured for the liability
of the CITY resulting from operations performed by or on behalf of
CONSULTANT in performance of this or any Project Agreement.
CONSULTANT'S insurance, including that applicable to the CITY as an
Additional Insured, shall apply on a primary basis and any other insurance
maintained by the CITY shall be in excess of and shall not contribute to
CONSULTANT'S insurance. CONSULTANT'S insurance shall contain a
severability of interest provision providing that, except with respect to the
total limits of liability, the insurance shall apply to each Insured or Additional
Insured in the same manner as if separate policies had been issued to each.
IV. Professional Liability: The CONSULTANT shall furnish professional liability
errors and omissions insurance coverage in an amount not less than
$1,000,000.00 with a deductible of $25,000.00 per claim. The CONSULTANT shall
be responsible for maintaining this professional liability insurance for a minimum
of five (5) years from the date of execution of each Project Agreement. Upon
request of the CITY, the CONSULTANT shall make available for inspection copies
of any claims filed or made against the policy during the policy term. The
Page 6 of 19
CONSULTANT shall additionally notify the CITY, in writing, within thirty (30)
calendar days of any claims filed or made against this policy in excess of
$100,000.00 during the policy term.
V. Certificate of Insurance: Prior to the execution of this Agreement,
CONSULTANT shall provide the CITY Manager with evidence of insurability from
the Consultant's Insurance Carrier or a Certificate of Insurance. Prior to execution
of any Project Agreement, the CONSULTANT shall provide to the CITY Manager,
Certificates of Insurance evidencing the required insurance coverages. The
Certificates of Insurance shall not only name the types of policy(ies) provided, but
also shall refer specifically to this and any Project Agreement and shall state that
such insurance is as required by this and any Project Agreement. The CITY
reserves the right to require the CONSULTANT to provide a certified copy of such
policies, upon written request by the CITY. If a policy is due to expire prior to the
completion of the services, renewal Certificates of Insurance or policies shall be
furnished thirty (30) calendar days prior to the date of their policy expiration.
Each policy certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the CITY before any policy
or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject
to approval of the CITY Manager.
VI. All deductibles or self -insured retentions must be declared to and be approved by
the CITY Manager. The CONSULTANT shall be responsible for the payment of any
deductible or self -insured retentions in the event of any claim. The CITY Manager
may require the CONSULTANT, as a condition of execution of a particular Project
Agreement, to provide a bond or other monetary consideration to cover the
CONSULTANT'S deductible for Professional Liability Insurance.
7.2 Insurance shall be in force until all work required to be performed under the terms of
the Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY.
In the event the insurance certificate provided indicates that the insurance shall terminate
and lapse during the period of this contract, then in that event, the CONSULTANT shall
furnish, at least three (3) days prior to the expiration of the date of such insurance, a
renewed certificate of insurance as proof that equal and like coverage for the balance of the
period of the contract and extension there under is in effect. The CONSULTANT shall not
continue to work pursuant to this contract unless all required insurance remains in full
force and effect
7.3 The CONSULTANT shall hold the CITY, its agents, and employees, harmless on account of
claims for damages to persons, property or premises arising out of the operations to
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complete this Agreement.
7.4 The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures.
ARTICLE 8
CONSULTANT'S INDEMNIFICATION
8.1 The CONSULTANT agrees to release the CITY from and against any and all liability and
responsibility in connection with the above -mentioned matters and with the work being
performed by Consultant to the extent caused by CONSULTANT's breach of contract or
negligent acts, errors or omissions. The CONSULTANT further agrees not to sue or seek any
money or damages from CITY in connection with the above -mentioned matters provided
the CITY has not breached its obligations hereunder.
8.2 The CONSULTANT agrees to indemnify and hold harmless the CITY, its trustees, elected and
appointed officers, agents, servants and employees, from and against any and all claims,
demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs,
expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees,
sustained by the CITY or any third party arising out of, or by reason of, or resulting from the
CONSULTANT's negligent acts, errors, or omissions.
8.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its
agents, officers, or employees, such liability shall be limited to the extent and limit
provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver
of any right or defense that the City may possess. The City specifically reserves all rights
as against any and all claims that may be brought.
ARTICLE 9
INDEPENDENT CONSULTANT
9.1 This Agreement does not create an employee/employer relationship between the parties.
It is the intent of the parties that the CONSULTANT is an independent Consultant under this
Agreement and not the CITY's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax
Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and
the State unemployment insurance law and similar laws. The CONSULTANT shall retain
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sole and absolute discretion in the judgment of the manner and means of carrying out the
CONSULTANT's activities and responsibilities hereunder provided. This Agreement shall
not be construed as creating any joint employment relationship between the CONSULTANT
and the CITY and the CITY will not be liable for any obligation incurred by CONSULTANT,
including but not limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 10
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
10.1 CITY or CONSULTANT may request changes that would increase decrease or otherwise
modify the Scope of Services/Basic Services to be provided under this Agreement. Such
changes or additional services must be in accordance with the provisions of the Code of
Ordinances of the CITY and must be contained in a written amendment, executed by the
parties hereto, with the same formality and with equality and dignity prior to any deviation
from the terms of this Agreement, including the initiation of any additional or extra work.
Each amendment shall at a minimum include the following information on each project:
PROJECT NAME
PROJECT DESCRIPTION
ESTIMATED PROJECT COST
ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT
ESTIMATED PROJECT COMPLETION DATE
10.2 In no event will the CONSULTANT be compensated for any work which has not been
described in a separate written agreement executed by the parties hereto.
ARTICLE 11
TERM AND TERMINATION/SUSPENSION
For Cause: This Agreement may be terminated by either party for cause, or the CITY for
convenience, upon written notice by the CITY to CONSULTANT in which event the
CONSULTANT shall be paid its compensation for services performed to termination date.
In the event that the CONSULTANT abandons this Agreement or causes it to be terminated
(not due to the fault of the CITY), he shall indemnify the CITY against any loss pertaining to
this termination up to a maximum of the full contracted fee amount All finished or
unfinished documents, data, studies, plans, surveys, and reports prepared by CONSULTANT
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shall become the property of CITY and shall be delivered by CONSULTANT to CITY.
11.2 For Convenience: This Project Agreement may be terminated by the CITY for
convenience upon fourteen (14) calendar days' written notice to the CONSULTANT. In
the event of termination, the CONSULTANT shall incur no further obligations in
connection with the Project and shall, to the extent possible, terminate any outstanding
sub-consultant(s) obligations. The CONSULTANT shall be compensated for all services
performed to the satisfaction of the CITY and for reimbursable expenses incurred prior
to the date of termination. The CONSULTANT shall promptly submit its invoice for final
payment and reimbursement and the invoice shall comply with the provisions of
Subsection 5.1 of this Project Agreement. Under no circumstances shall the CITY make
any payment to the CONSULTANT for services which have not been performed.
11.3 Assignment upon Termination: Upon termination of this Project Agreement, a copy of
all of the CONSULTANT'S work product shall become the property of the CITY and the
CONSULTANT shall, within ten (10) working days of receipt of written direction from
the CITY, transfer to either the CITY or its authorized designee, a copy of all work product
in its possession, including but not limited to designs, specifications, drawings, studies,
reports and all other documents and data in the possession of the CONSULTANT
pertaining to this Project Agreement. Further, upon the CITY'S request, the
CONSULTANT shall assign its rights, title and interest under any subcontractor's
agreements to the CITY.
11.4 Suspension for Convenience: The CITY shall have the right at any time to direct the
CONSULTANT to suspend its performance, or any designated part thereof, for any reason
whatsoever or without reason, for a cumulative period of up to ninety (90) calendar days.
If any such suspension is directed by the CITY, the CONSULTANT shall immediately
comply with same. In the event the CITY directs a suspension of performance as
provided for herein through no fault of the CONSULTANT, the CITY shall pay to the
CONSULTANT its reasonable costs, actually incurred and paid, of demobilization and
remobilization, as full compensation for any such suspension.
11.5 This Agreement shall take effect as of the date of execution as shown herein below and
continue for such time as is contemplated by the Agreement.
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ARTICLE 12
CONTRACT DOCUMENTS
12.1 CONSULTANT and CITY hereby agree that the following exhibits, which are attached
hereto and made a part thereof, are fully incorporated herein and made a part of this
Agreement, as if written herein word for word: This Agreement; CONSULTANT's
proposal as set forth in Exhibit "B"; and Resolution# 22- as set forth in Exhibit "A",
or to this Agreement. The consultant will be expected to rectify any omissions and make
such changes as deemed appropriate at no additional cost unless otherwise agreed to by
the parties in writing.
ARTICLE 13
MISCELLANEOUS
13.1 Legal Representation:
It is acknowledged that each party to this Agreement had the opportunity to be represented by
counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be
interpreted strictly against the party preparing same shall not apply due to the joint contribution
of both parties.
13.2 Records:
CONSULTANT shall keep books and records and require any and all sub -Consultants to keep books
and records as may be necessary in order to record complete and correct entries as to personnel
hours charged to this engagement, and any expenses for which CONSULTANT expects to be
reimbursed, if applicable. Such books and records will be available at all reasonable times for
examination and audit by CITY and shall be kept for a period of three (3) years after the completion
of all work to be performed pursuant to this Agreement, or for such longer period as is required by
law. Incomplete or incorrect entries in such books and records will be grounds for disallowance
by CITY of any fees or expenses based upon such entries.
13.3 Ownership of Documents:
Reports, surveys, plans, studies and other data provided in connection with this Agreement or
proposed by consultant or any sub -consultant are and shall remain the property of City. Upon
reasonable notice same shall be made available to representatives of Miami Dade County. In
addition, the Office of Inspector General of Miami -Dade County shall have access thereto for any of
the purposes provided in Section 2-1076 of the Code of Miami -Dade County.
13.4 No Contingent Fees:
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CONSULTANT warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONSULTANT, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this provision, the
CITY shall have the right to terminate the Agreement without liability at its discretion, to
deduct from the contract price, or otherwise recover the full amount of such fee,
commission, percentage, gift or consideration.
13.5 Notice:
Whenever any party desires to give notice unto any other party, it must be given by written
notice, sent by registered United States mail, with return receipt requested, addressed to
the party for whom it is intended and the remaining party, at the places last specified, and
the places for giving of notice shall remain such until they shall have been changed by
written notice in compliance with the provisions of this section. For the present, the
CONSULTANT and the CITY designate the following as the respective places for giving of
notice:
CITY:
COPY TO:
Darvin Williams, Interim City Manager
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
Burnadette Norris -Weeks, City Attorney
401 NW 7th Avenue
Fort Lauderdale, Florida 33311
CONSULTANT : Lourdes Solera, FAIA, President, Director
M.C. Harry and Associates, Inc.
2780 S.W. Douglas Road, Suite 302
Miami, FL 33133
13.6 Binding Authority:
Each person signing this Agreement on behalf of either party individually warrants that he
or she has full legal power to execute this Agreement on behalf of the party for whom he or
she is signing, and to bind and obligate such party with respect to all provisions contained
in this Agreement.
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13.7 Exhibits:
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The
exhibits if not physically attached should be treated as part of this Agreement and are
incorporated herein by reference.
13.8 Headings:
Headings herein are for convenience of reference only and shall not be considered on any
interpretation of this Agreement.
13.9 Severability:
If any provision of this Agreement or application thereof to any person or situation shall, to
any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected thereby, and shall continue in
full force and effect, and be enforced to the fullest extent permitted by law.
13.10 Governing Law:
This Agreement shall be governed by the laws of the State of Florida with venue lying in
Miami -Dade County, Florida.
13.11 Disputes:
Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated
in the Eleventh Judicial Circuit Court in and for Miami -Dade County.
13.12 Attorney's Fees:
To the extent authorized by law, in the event that either party brings suit for enforcement
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
court costs in addition to any other remedy afforded by law.
13.13 Extent of Agreement:
This Agreement, together with all contract documents, and all exhibits hereto or to the
contract documents, represents the entire and integrated agreement between the CITY and
the CONSULTANT and supersedes all prior negotiations, representations, or agreements,
either written or oral.
13.14 Waiver:
Failure of the CITY to insist upon strict performance of any provision or condition of this
Agreement, or to execute any right therein contained, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition, or right, but the same shall
remain in full force and effect.
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13.15 Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age,
national origin, or disability and will take affirmative steps to ensure that applicants are
employed and employees are treated, during employment, without regard to race, color,
religion, sex, age, national origin or disability. This provision shall include, but not be
limited to, the following: employment upgrading, demotion or transfer; recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeships.
13.16 Compliance with Miami -Dade County Regulations:
The parties hereto acknowledge and understand that the funding for this Contract is
provided from grant funds provided to the City by Miami Dade County. As a result of said
grant funding, the parties must adhere to certain regulations regarding as further
documented herein regarding retention of records and funding.
13.17 E -Verify Form
Effective January 1, 2021, public and private employers, contractors and subcontractors
will begin required registration with, and use of the E -verify system in order to verify the
work authorization status of all newly hired employees. Vendor/Consultant/Contractor
acknowledges and agrees to utilize the U.S. Department of Homeland Security's E -Verify
System to verify the employment eligibility of:
a. All persons employed by Vendor/Consultant/Contractor to perform employment
duties within Florida during the term of the contract; and
b. All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Vendor/Consultant/Contractor to perform work pursuant to the contract with
the Department. The Vendor/Consultant/Contractor acknowledges and agrees
that use of the U.S. Department of Homeland Security's E -Verify System during
the term of the contract is a condition of the contract with the City of Opa-locka;
and
Should vendor become successful Contractor awarded for the above -named project, by
entering into this Contract, the Contractor becomes obligated to comply with the
provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time
to time. This includes but is not limited to utilization of the E -Verify System to verify the
work authorization status of all newly hired employees and requiring all subcontractors
to provide an affidavit attesting that the subcontractor does not employ, contract with,
or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such
affidavit for the duration of the contract. Failure to comply will lead to termination of
this Contract, or if a subcontractor knowingly violates the statute, the subcontract must
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be terminated immediately. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period of 1
year after the date of termination.
ARTICLE 14
NOTICE TO PROCEED
The Consultant and the engineer shall commence work within fifteen (15) calendar days from the
date of the Notice to Proceed (NTP). No work shall begin without NTP.
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY OF OPA-LOCKA
ATTEST:
BY:
Joanna Flores, CMC Darvin Williams
City Clerk Interim City Manager
APPROVED AS TO FORM:
Burnadette Norris -Weeks, P.A., City Attorney
M.C. HARRY AND ASSOCIATES, INC.
ATTEST:
Lourdes Solera, President (Signature)
(Print Name)
WITNESSES:
(Print Name) (Signature)
(Print Name) (Signature)
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as
of a Florida corporation, and acknowledged
executed the foregoing Agreement as the proper official of for
the use and purposes mentioned in it and affixed the official seal of the corporation, and
that the instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this _ day of , 2022.
NOTARY PUBLIC
My Commission Expires:
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Exhibit "A"
RESOLUTION NO. 22 -
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Exhibit "B"
CONSULTANT'S PROPOSAL
Architectural and Engineering Fee Proposal dated April 27, 2022 of M.C. Harry and Associates,
Inc to produce new construction documents to finish Rehabilitation Project of the Historic
Opa-locka City Hall for the sum of One Hundred Twenty Three Thousand Seven Hundred Fifty
Dollars ($123,750.00).
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